The Supreme Court on Thursday came down heavily on both the Allahabad High Court and a trial court in Uttar Pradesh for allowing the prosecution to press a lesser charge of culpable homicide not amounting to murder in a clear case of honour killing. The top court held that the charge should have been for murder under Section 302 of the Indian Penal Code (IPC).
A Bench comprising Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar made the observation while hearing a petition filed by Ayyub Ali, the father of deceased Zia Ur Rehman, who was allegedly killed by the family members of his lover in an incident of honour killing.
The Court noted that the material on record, including the post-mortem report which mentioned neural hematoma on the left side and other fatal injuries, warranted the framing of a charge under Section 302 IPC. “In this case, charge shouldn’t be under Section 304 IPC (culpable homicide not amounting to murder) but under Section 302 IPC. Thus HC and trial court faulted,” the Bench remarked.
Calling it a “clear case of honour killing,” the Bench expressed dismay over the handling of the matter by the lower courts. “This is a clear case of honour killing. Why should they have to hide? Only because they are of different faith?” the Court asked pointedly, referring to the religious identity of the couple.
The Supreme Court set aside the orders of both the trial court and the Allahabad High Court and directed that fresh charges be framed under Section 302 IPC.
“Fresh charge to be framed under 302 and let trial proceed accordingly. Judgments of trial court and HC set aside,” the Court ordered.
The petition had been filed by Ayyub Ali, who alleged that his son Zia Ur Rehman was brutally assaulted by the relatives of his lover due to their interfaith relationship. He claimed the incident was an act of honour killing and had filed an application seeking the framing of murder charges, citing the severity of injuries revealed in the post-mortem report.
Despite these submissions, the trial court had framed charges only under Section 304 IPC, a decision which was upheld by the High Court. The Supreme Court’s intervention now paves the way for a fresh trial under the appropriate and graver charge of murder.
The case will now proceed with charges framed under Section 302 IPC as directed by the apex court.
