On Thursday, April 17, the Supreme Court of India strongly criticised the Allahabad High Court and the Trial Court for applying a lesser charge of culpable homicide not amounting to murder instead of murder in a case of honour killing in Uttar Pradesh.
A bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar was hearing a petition filed by Ayyub Ali, the father of 26-year-old Zia Ur Rehman, who was allegedly beaten to death by his lover's family using sticks and rods. The tragic incident was claimed to be motivated by the victim's relationship with a woman from a different religion.
The petitioner challenged the Allahabad High Court’s decision, which had allowed the police to proceed under Section 304 of the Indian Penal Code (IPC)—culpable homicide not amounting to murder. The Supreme Court found this categorisation of the crime deeply flawed.
“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?”
— Chief Justice Sanjiv Khanna
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The bench made this strong observation when the counsel for the state attempted to argue that there was no intention to kill the deceased. However, the Court firmly disagreed, especially after reviewing the post-mortem report, which revealed that Zia Ur Rehman had suffered 14 injuries, and the cause of death was shock and haemorrhage due to the brutal beatings.
"We are surprised why the chargesheet was filed under Section 304 of IPC and thereafter at the time of framing the charge, the Trial Court brought the charge under Section 304."
— Supreme Court Observation
The Court noted that the Trial Court had chosen Section 304 IPC over Section 302 IPC (murder) on the reasoning that no sharp objects were used in the assault. However, the Supreme Court found this argument insufficient and legally inappropriate given the nature and extent of injuries.
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Declaring it a “clear case of honour killing,” the Supreme Court set aside the decisions of both the High Court and the Trial Court. It ordered that the accused must now face charges under Section 302 read with Section 34 of the IPC, which deals with murder with common intention.
Additionally, the Court directed the State of Uttar Pradesh to appoint a special public prosecutor in consultation with the petitioner to ensure a fair and effective prosecution. The Court mandated that this appointment should be completed within six weeks.
“Fresh charge will be taken under Section 302 read with Section 34 IPC, and the trial will proceed accordingly.”
— Supreme Court Order
The Court further clarified that the observations made in this ruling should not affect the outcome of the trial and should not be seen as influencing the merits of the case.
Finally, the Court also sought a compliance report from the Chief Secretary of Uttar Pradesh, confirming that the directions have been followed.
Case Details : AYYUB ALI Versus STATE OF UTTAR PRADESH AND ORS.| SLP(Crl) No. 13433/2024
