Supreme Court rebukes lower courts for downgrading charges in honor killing of interfaith youth.
Case in News
SC slams UP courts in honor killing case for applying Section 304 of Indian Penal Code (IPC) instead of Section 302 IPC
Case Overview
Case Name – Ayyub Ali v. State of Uttar Pradesh & Ors.
The Supreme Court of India bench led by CJI Sanjiv Khanna and Justice Sanjay Kumar came down heavily on the lower judiciary in a case of honor killing where a 26 years of age man named Zia Ur Rehman was beaten to death allegedly by the family of his lover . The Supreme Court was hearing a petition by the father of the victim Ayyub Ali, challenging the decision of Allahabad High Court and Trial Court to proceed with charges under Section304 IPC instead of Section 302 Indian Penal Code (IPC) for murder.
Key Aspects
- Victim was in a relationship with a woman who was from a different religion.
- He was allegedly beaten with sticks and rods by the family members of a woman.
- He sustained 14 injuries; cause of death was shock and hemorrhage as per post-mortem report.
- Lower courts proceeded with charges under Section 304 of Indian Penal Code (IPC) (culpable homicide not amounting to murder).
- Petitioner alleged it was a clear case of honor killing needing the application of Section 302 IPC.
Legal Insights
- S.304 IPC – Punishment for culpable homicide not amounting to murder.
- Section 302 IPC – Related to murder attracting stricter punishment.
- Section 34 IPC – Acts done by several persons in furtherance of common intention .
- Court questioned the omission of Section 302 of Indian Penal Code (IPC) due to non-use of sharp weapons .
Court’s Verdict
The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar held that the case clearly fell within the purview of honor killing and that the death was caused intentionally. The Supreme Court of India quashed the earlier orders applying Section 304 IPC and ordered the trial to proceed under Section 302 IPC read with Section 34 IPC . It also ordered the UP government to appoint a special public prosecutor within 6 weeks and submit a compliance report.
Source
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