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It’s a Brazen Case of Honour Killing For False Sense of Family Pride: Allahabad HC Rejects Bail Plea
The bail application of an accused has been rejected by the Allahabad high court of honor killing which was charged under section 302,307,506 IPC.
So, as we know that the justice JJ Munir of the Allahabad High court has observed that this case was of brazen honor killing by the all-family members including the deceased Jyoti’s father, uncle, cousin, and her brother as they all l participated to kill Jyoti’s husband for the revenge of false sense of family pride and they committed this crime to finish the young life. It was also observed by the Justice that though the applicant has not wielded the gun or inflicted the fatal injury but he was an active participant in the whole episode.
Background:
As given, that according to the prosecution the two Jyoti and the Rahul both got married and it was the wish of Jyoti’s family that they both get married. but there was one problem that the Jyoti belongs from a different caste and Rahul was from different from which this had much endangered her family. due to different castes, they suffered a lot.
As we know that the assailants, in this case, include Brijesh Mishra and who was the father of Jyoti and the other co-accused was Ashok Mishra and he was the brother of the father of the Jyoti and coaccused Raghavendra and the Raghurai they were the sons of the co-accused Ashok Mishra whereas the Gulshan was the Brijesh Mishra sons means Jyoti’s brother.
Contentions:
As the role for assaulting the injured witness, Rohit Kumar was assigned to the applicant and this was submitted by the counsel for the applicant. And also, the shooting role was assigned to the other co-accused but as we have seen above that role assigned to the applicant but in this, the shooting role was not assigned to the applicant. He further submitted that once the injured witness has testified to the fact that Gulshan the applicant he had not shot the deceased or injured the Rohit Kumar, and his case was totally distinguishable from the other applicant and he is entitled to bail without any problem.
As per the government counsel, the whole act of the applicant was a brazen act of honor killing and it was also a refusal by Jyoti’s family to follow the constitutional values and it was also argued by the counsel that Jyoti’s family acted for revenge due to their false and ill family traditions. They killed Jyoti’s husband and denied the constitutional values which provide the personal liberty of the citizens by the law.
Decision:
Justice JJ Munir clearly observed that if the trial court might have established the facts during the trial it would not have been allowed for citizens living in a society to act in derogation of much cherished constitutional values of individual liberty, and any act like to eliminate a family member for every false tradition of family honor might have been prohibited by law and on this ground, Justice concluded to reject the bail application.
And then at last the bail application has been rejected.
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