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Ayyub Ali v. State of Uttar Pradesh

Criminal Appeal · 2025 INSC 568Decided 17 Apr 2025
Crl.A. No.-002031-002031 - 2025 (arising out of SLP(Crl.) No. 13433 of 2024)
Chief Justice · Justice Sanjay Kumar

Background

The appellant's son, Ziyahur/Ziyahul/Ziaul Rahman, was allegedly killed in what the appellant described as an honour killing, having been beaten with sticks and rods, suffering 14 antemortem injuries including severe head trauma. Despite the severity of the injuries, the chargesheet and the trial court framed charges only under Section 304 IPC (culpable homicide not amounting to murder) rather than Section 302 IPC (murder), a decision affirmed at the trial stage.

Decision Breakdown

The Supreme Court examined the postmortem report in detail, noting 14 injuries including a severe dural hematoma from blows to the head, and held that the trial court had erred by relying merely on the fact that the weapon used was not sharp-edged, without properly evaluating whether the nature and number of injuries showed an intention to kill. Applying its earlier ruling in Ghulam Hassan Beigh, the Court held the evidence disclosed a prima facie case for murder, set aside the lower courts' framing of charge under Section 304, and directed that a fresh charge be framed under Section 302 read with Section 34 IPC, with the trial to proceed accordingly. It also directed the State to appoint a Special Prosecutor in consultation with the appellant, while clarifying its observations should not influence the trial's ultimate outcome.

Lesson Learnt

The choice of weapon alone (e.g., sticks versus a sharp weapon) is not decisive in deciding whether a charge should be murder or a lesser offence. Courts must look at the number, location, and severity of injuries to assess whether there was an intention to kill before finalizing the charge.

Official source (sci.gov.in)View Judgment (PDF)

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