A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar expressed deep shock and surprise over the lower court’s decision to treat the brutal killing lightly.
NEW DELHI: The Supreme Court of India has directed the trial court in Saharanpur, Uttar Pradesh, to frame murder charges under Section 302 of the Indian Penal Code (IPC) in the honour killing case of 26-year-old Zia-ur Rahman, who was killed for being in a relationship with a woman from another religion.
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The apex court was upset that the trial court and high court had earlier framed a lighter charge under Section 304 IPC, which refers to culpable homicide not amounting to murder.
A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar expressed deep shock and surprise over the lower court’s decision to treat the brutal killing lightly.
The Chief Justice said:
“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 further added:
“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.”
Background
Zia-ur Rahman was beaten to death with iron rods and wooden sticks by the woman’s family. The violence occurred when the two were allegedly caught together. The injuries resulted in his death. However, the trial court chose to frame charges under Section 304 IPC, which deals with culpable homicide not amounting to murder, on the basis that no firearms were used and that the accused lacked intention or knowledge of causing death.
Difference Between Section 302 and Section 304
- Section 302 IPC (Murder) involves clear intention to kill. Punishment can be life imprisonment or death penalty.
- Section 304 IPC (Culpable Homicide Not Amounting to Murder) where intention or knowledge of causing death is missing, with lighter sentences ranging from 10 years to life imprisonment.
- Section 307 of IPC: Penalizes attempt to murder with imprisonment of up to 10 years and a fine.
- Section 308 of IPC: Penalizes attempt to commit culpable homicide with imprisonment of up to 3 years, a fine, or both.
The Supreme Court set aside the orders of both the trial court and the Allahabad High Court, saying the milder charge was not justified given the nature of the crime. It instructed the Chief Secretary of Uttar Pradesh to appoint a Special Public Prosecutor (SPP) to handle the case. This appointment should be done after consultation with Zia-ur Rahman’s father, Mr. Ayyub Ali.
The court also gave a direction that the accused persons—Janeshar, Maneshar, Priyanshu, and Shivam—should file fresh bail pleas, now that murder charges have been framed.
Until the court decides these new bail applications:
“The accused, however, will not be arrested till the time their fresh bail pleas are decided on merit.”
Mr. Ayyub Ali, the father of the victim, had earlier challenged the trial court’s decision dated February 27, 2024, which rejected his request to charge the accused with murder under Section 302 IPC. However, the Allahabad High Court rejected his plea on August 31, 2024.
