'Clear Case Of Honour Killing' : Supreme Court Applies Murder Charge, Criticises UP Courts For Invoking Lesser Offence

The Supreme Court on Thursday (April 17) expressed displeasure at the Allahabad High Court and Trial Court for wrongly charging the case of an honour killing with the offence of "culpable homicide not amounting to murder" instead of "murder". 

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a plea by a petitioner named Ayyub Ali, whose 26-year-old son was killed by stick-beatings allegedly by his lover's family members. 

The petitioner had challenged the decision of the Allahabad High Court, which allowed the police to apply the lesser charge of culpable homicide not amounting to murder under S. 304 IPC. 

The Court set aside the decision of the High Court and Trial Court to proceed with the charges under S. 304 IPC instead of the charge for the offence of murder under Section 302 IPC. The Court orally noted that it was a "clear case of honour killing" as the deceased and his lover belonged to different religions and consequently faced the wrath of the lover's family. 

When the counsel for the state tried to explain the facts and that there was no intention to kill the deceased, the CJI interjected to stress - "Is it a crime in the society if you like somebody? Should they have to hide because they belong to different faiths? .....someone is beaten with sticks and there is no intention to kill?" 

The bench, on examining the post-mortem report, observed that the 26-year-old deceased named Zia Ur Rehman had suffered 14 injuries and the cause of death was shock and haemorrhage. 

The Court noted the contention of the petitioner that the family members of the deceased's lover had beaten the deceased with sticks and rods with the intention of killing him, and it was a case of honour killing. 

The Court further observed, "We are suprised why the chargesheet was filed under S.304 of IPC and thereafter at the time of framing the charge, the Trial Court brought the charge under S. 304" 

The Court noted that the Trial Court reasoned that the charge would be under S.304 and not S. 302 as no sharp object was used for beating the deceased. 

The Court then set aside the decisions of the High Court and Trial Court and held that " fresh charge will be taken under S. 302 read with S. 34 of the IPC and the trial will proceed accordingly." 

The bench also clarified that the observations made herein will not influence the trial of the case. The bench further directed the State of UP to appoint a special prosecutor in the case after speaking with the petitioner. The said exercise to be completed within a period of 6 weeks. 

The Court also sought a compliance report in this regard from the Chief Secretary of the State of UP .

Case Details : AYYUB ALI Versus STATE OF UTTAR PRADESH AND ORS.| SLP(Crl) No. 13433/2024  

Click Here To Read/Download Order

Full View