Supreme Court Directs UP Govt to File Murder Charges in Honour Killing Case

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The Supreme Court has instructed the Uttar Pradesh government to pursue murder charges in the alleged honour killing of 26-year-old Zia-ur-Rehman, who was reportedly attacked and killed by the family of a woman he was in a relationship with, belonging to a different community.

During Thursday’s hearing, a bench led by Chief Justice Sanjiv Khanna, along with Justice Sanjay Kumar, expressed strong concern over the way the case was being handled. Calling it a “clear case of murder,” the bench observed:

“This is a case of honour killing. Is it a crime in our society to fall in love with someone? Just because he belonged to another faith, he was killed.”

The court further directed the state government to appoint a special prosecutor for the case. The appointed prosecutor has also been asked to take into account the suggestions and concerns of the victim’s father during the proceedings.

The Supreme Court highlighted the findings of the post-mortem report, which documented 10 ante-mortem injuries on Rehman’s body — injuries that led to his death. Despite the clear evidence, the police had initially filed the case under Section 304 of the Indian Penal Code (culpable homicide not amounting to murder) rather than under Section 302 (murder). Both the trial court and the High Court had also failed to press for murder charges against the accused.

The distinction is significant: under Section 304, the punishment ranges from a minimum of five years to a life term, whereas Section 302 prescribes life imprisonment or the death penalty as punishment.

The incident took place in Saharanpur, where police had booked four members of the girl’s family under Section 304. According to the FIR, the family allegedly assaulted Rehman with sticks and iron rods, furious over his relationship with the girl, ultimately causing his death.

The Supreme Court’s intervention now ensures the case will proceed under appropriate murder charges, marking a crucial step toward justice for the victim.

 

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