The Supreme Court on Monday upheld the conviction and life sentence of Gour Acharjee in a dowry death case from Tripura and directed the state Director General of Police (DGP) to immediately form a team to trace and take into custody the husband who has been absconding following the death of his wife at their residence.
A bench comprising Justices Prashant Kumar Mishra and K V Viswanathan dismissed the appeal filed by Gour Acharjee and upheld his conviction under Sections 302 and 498A of the Indian Penal Code (IPC).
The apex court observed that the accused failed to provide a convincing explanation regarding the injuries sustained by the deceased before her death. The bench reiterated a settled legal principle that when an offence occurs within the privacy of a home, there is a corresponding responsibility on those present in the household to explain the circumstances surrounding the victim’s death.
The court stated that while the initial burden of proving a case lies with the prosecution, individuals present inside the house at the time of the incident must offer a reasonable explanation if the death occurs under suspicious circumstances.
Referring to the case as an “eye-opener,” the court made strong observations regarding the social realities surrounding domestic violence and dowry-related abuse. The bench reflected on whether the life of the deceased, Soma Acharjee, could have been saved and questioned whether societal pressure and fear of stigma prevented timely intervention.
The court noted that soon after her marriage, Soma allegedly faced severe harassment and torture over dowry demands. It observed that she repeatedly sought help from her family and had even returned to her parental home for some time. However, attempts were repeatedly made to resolve the matter through compromises and village interventions before she was sent back to her matrimonial home.
Medical evidence and the post-mortem report were found to support the conclusion that the death was homicidal in nature. The court held that the prosecution had successfully established the presence of Gour Acharjee at the scene when Soma was found dead.
