New Delhi, Apr 18 (PTI) Irked over framing of the milder charge of culpable homicide not amounting to murder, the Supreme Court ordered framing of the harsher charge of murder against members of a family in a case of honour killing in UP.

Setting aside the orders of the trial court and the high court to frame the culpable homicide not amounting to murder charge, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed the UP chief secretary to appoint a special public prosecutor (SPP) with the consent of the father of 26-year-old Zia-ur Rahman to conduct the trial at a Saharanpur court.

Under Section 302, the key component of the offence is the intention to kill and a convict gets either life imprisonment or the death penalty.

In the culpable homicide not amounting to murder charge the intention or the knowledge of the person committing the act that results in death are missing and consequently, it entails lesser sentences which may range from 10 years jail term to life sentence.

Rahman, who 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.

The CJI, on April 17, expressed shock and surprise over framing of the milder charge, against the family members by the trial court on the key ground 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 said.

The CJI went on, “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 bench asked the state government to appoint a SPP after consulting Ayyub Ali, father of the deceased and asked the accused family members to seek fresh bail in view of the framing of murder charges by it.

The accused, however, will not be arrested till the time their fresh bail pleas are decided on merits, it added.

The high court had rejected the plea of Ali on August 31, 2024.

Ali challenged in the high court an order of February 27, 2024, of the additional district judge, Saharanpur rejecting his plea to frame charges under Section 302 IPC against Janeshar, Maneshar, Priyanshu and Shivam. PTI SJK SJK AMK AMK