(Delivered by Naheed Ara Moonis, J.)

The instant appeal has been preferred against the judgment and order dated 23.7.2016/27.7.2016 passed in Sessions Trial No. 601 of 2013 (State versus Firoz) by the learned Additional Sessions Judge Court No.8 Shahjahanpur whereby the appellant has been convicted under section 302 IPC and sentenced to death with fine of Rs. 20000/-. In default of payment of fine, he has to undergo two months additional sentence. The appellant was also directed to undergo one year simple imprisonment under section 504 IPC and two years simple imprisonment under section 506 IPC. Both the sentences were directed to run concurrently.

The capital sentence awarded to the accused appellant by the court below has been relegated to this Court vide Reference No. 8 of 2016 for confirmation in the aforementioned appeal.

The emanation of the facts giving origin to the present case is that an FIR has been lodged by Ikrar Ali against the appellant and Haji Jakir Ali with respect to the incident occurred on 16.8.2013 at about 7.40 a.m. vide Case No. 529 of 2013 under section 302 IPC at Police Station Sadar Bazar District Shahjahanpur contending that his daughter Km. Afrin aged about 10 years studying in Sahara Public School was going to her School on 16.3.2013 at about 7.40 a.m. with her school bag. His daughter Afrin was also accompanied with his niece Km. Falak aged about seven years. The complainant and his wife were standing at the door after departure of his daughter. As soon as his daughter Km. Afrin reached at the metalled road running from station road towards Dhaka Talab in front of dairy of Haji Zakir Ali, at that very juncture, Firoz son of Farooq resident of Nisarjai Police Station Sadar Bazar District Shahjahanpur equipped with spade appeared in front of his daughter (Afrin) and started to make interrogation . The appellant Firoz stroke heavily with spade on the neck of victim Afrin as a result of which the head of the victim was sundered from the thorax falling at some paces. The complainant in association with his wife raising alarm and yell attempted to nail the accused appellant Firoz. In the meantime hearing their shrill and scream, Azad Ali and Anwar Ali and other persons of the locality gathered on the spot witnessing the incident and strived to nab him but the accused appellant after committing the fiendish and infernal act fled rapidly from the place of occurrence with spade towards the lane. While the accused appellant was running away, he was being pursued by a number of persons. The accused appellant hurled abusive and vituperative words extending threats of dire consequences to life and liberty. It has further been divulged that prior to 4/5 days of the incident, the appellant Firoz had come at the house of the complainant to take a room on rent. The complainant convoked his brother. On denial of the complainant and his brother to rent out the room to the appellant, the appellant Firoz was highly infuriated and exasperated and was bent up to create nuisance . On the intervention of the local people, the appellant Firoz departed hinting towards undesired results. The appellant Firoz intended to live in the house of the complainant forcibly and on account of this disharmonious relation, the appellant Firoz committed ghastly and monstrous murder of his daughter Afrin by severing her head from thorax with the blow of spade. The appellant Firoz is a hardcore and notorious person of ill-repute. The accused appellant was time and again visiting in the Mohalla of the complainant and was known to the complainant from earlier. The said incident was executed at the inkling and connivance of Haji Zakir Ali r/o Nisarjai Jalalnagar . The appellant Firoz and Haji Zakir Ali were hand in glove with each other and were in agreement to execute this incident. The complainant had left on the spot the corpse of Km.Afrin in the custody of his family members and had come to lodge the first information report. T