Clear case of honour killing: SC sets aside orders of trial court, Allahabad HC

Taking exception to framing of the milder charge of culpable homicide, the Supreme Court has ordered framing of the harsher charge of murder against four members of a family in an honour killing case from Saharanpur in UP.

Setting aside concurrent orders of the trial court and the high court to frame the ‘culpable homicide not amounting to murder’ charge, a Bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar ordered framing of charges against accused Janeshar, Maneshar, Priyanshu and Shivam under Section 302 of IPC, which is punishable with life imprisonment or death penalty. A charge of ‘culpable homicide not amounting to murder’ attracts lesser sentences which may range from 10-year jail term to life sentence.

The Bench directed the Uttar Pradesh Chief Secretary to appoint a special public prosecutor (SPP) with the consent of Ayub Ali — the father of 26-year-old victim Zia-ur Rahman — to conduct the trial at a Saharanpur court.

Rahman, was allegedly caught with his partner who belonged to another faith, was fatally assaulted by iron rods and wooden sticks by the family members of the woman leading to his death.

In its April 17 order the top court expressed shock and surprise over framing of the milder charge against the accused by the trial court that had concluded that no firearms were used and most importantly, the intention and the knowledge on the part of the accused were missing.

“This is an out-and-out murder (case). This is a case of honour killing. Just because a person belonged to another faith, you killed him… there are as many as 10 ante-mortem injuries,” the CJI noted.

“We are little surprised as to why the chargesheet is filed under Section 304 of the IPC and thereafter, the trial court framed the charges under Section 304 saying no firearms were used and hence no charges under section 302 are made out…the high court upheld it,” the CJI said.

The accused, however, will not be arrested until their fresh bail applications are decided on merits, the top court said. The order came on Ali’s petition challenging the Allahabad High Court’s August 31, 2024, order upholding the Saharanpur court’s February 27, 2024, order rejecting his plea to frame charges under Section 302 IPC against the four accused.

India