MEERUT: Supreme Court has ordered a fresh probe into the 2022 killing of a 20-year-old man in UP's Saharanpur, setting aside the orders of Allahabad high court and a lower court that applied the lesser charge of " culpable homicide not amounting to murder".
Ziaul Rahman, 20, was allegedly beaten to death on November 1 that year by the family of his partner, 19-year-old Tanu Saini, who died by suicide 10 hours later. Ziaul's father, Ayyub Rahman, later approached the apex court after HC upheld the application of the "lesser charge".
Calling it a "clear case of killing", the apex court directly cited the autopsy report that showed "14 injuries on Ziaul's body".
SC gives UP 6 weeks to complete trial
The court stated: "In this case, on the basis of the facts noted above, we find the charge should be framed under IPC Section 302 (murder) and not Section 304 (culpable homicide...), as was erroneously done by the trial court and subsequently affirmed by the HC."
The SC bench also stated: "Keeping in view the nature of the allegations and manner in which the trial has proceeded, we direct the state of Uttar Pradesh to appoint a special prosecutor to conduct the trial, after consultation with the appellant. The said exercise will be completed within a period of six weeks from the date a copy of this order is served on the chief secretary, UP." The order was made available on Thursday evening.
Advocate Bhuwan Raj told TOI on Friday: "Saharanpur police didn't conduct a proper probe. We're not even sure whether the woman was killed or died by suicide. She was the only eyewitness who could have gone against the accused."
"While Rahman's family was busy with the burial, police registered a case against them under IPC Section 306 (abetment of suicide) without proper investigation... The probe was shoddy and the state should take action against the investigative officer," Bhuwan said.
SC had earlier quashed the "abetment of suicide" case against Ziaul's family, flagging serious lapses in the police probe and ordered a re-investigation by an SIT, noting "deeper undercurrents" in the case. The SIT report, due April 15, 2025, is yet to be submitted. Ayyub said, "My son was killed deliberately. He and the woman were bright students. Instead of giving them justice, police in Saharanpur filed a fake case against them... Hope we get justice now."
Ziaul Rahman, 20, was allegedly beaten to death on November 1 that year by the family of his partner, 19-year-old Tanu Saini, who died by suicide 10 hours later. Ziaul's father, Ayyub Rahman, later approached the apex court after HC upheld the application of the "lesser charge".
Calling it a "clear case of killing", the apex court directly cited the autopsy report that showed "14 injuries on Ziaul's body".
SC gives UP 6 weeks to complete trial
The court stated: "In this case, on the basis of the facts noted above, we find the charge should be framed under IPC Section 302 (murder) and not Section 304 (culpable homicide...), as was erroneously done by the trial court and subsequently affirmed by the HC."
The SC bench also stated: "Keeping in view the nature of the allegations and manner in which the trial has proceeded, we direct the state of Uttar Pradesh to appoint a special prosecutor to conduct the trial, after consultation with the appellant. The said exercise will be completed within a period of six weeks from the date a copy of this order is served on the chief secretary, UP." The order was made available on Thursday evening.
Advocate Bhuwan Raj told TOI on Friday: "Saharanpur police didn't conduct a proper probe. We're not even sure whether the woman was killed or died by suicide. She was the only eyewitness who could have gone against the accused."
"While Rahman's family was busy with the burial, police registered a case against them under IPC Section 306 (abetment of suicide) without proper investigation... The probe was shoddy and the state should take action against the investigative officer," Bhuwan said.
SC had earlier quashed the "abetment of suicide" case against Ziaul's family, flagging serious lapses in the police probe and ordered a re-investigation by an SIT, noting "deeper undercurrents" in the case. The SIT report, due April 15, 2025, is yet to be submitted. Ayyub said, "My son was killed deliberately. He and the woman were bright students. Instead of giving them justice, police in Saharanpur filed a fake case against them... Hope we get justice now."
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