GOUR ACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Could the life of young Soma Acharjee have been saved? Did the fear of societal opprobrium result in Soma being thrown to the wolves? These questions will remain hypothetical. Within a few days after her marriage, the deceased, Soma, was subjected to immense torture on account of demand for dowry. She repeatedly made entreaties to her parents to save her and even came to her parental home and stayed with them for a few days. However, every time she raised the issue, efforts were made only to effect a patch-up and send her back to the matrimonial home. Village elders were involved and even resolutions were passed after effecting a purported compromise. Soma's near and dear naively believed that somehow -somehow- the situation will turn for the good. A false sense of optimism engulfed them. Their hopes were betrayed when Soma met with a tragic end at her matrimonial home. Hopefully, the story of her life will be an eye-opener for many.

(2.) The present appeal calls in question the correctness of the judgment dtd. 24/8/2012 in Criminal Appeal (J) No. 58 of 2009 passed by the High Court of Gauhati, Agartala Bench. By the said judgment, the High Court confirmed the judgment of the Additional Sessions Judge, Sonamura, West Tripura, dtd. 3/6/2009 by which the appellant was sentenced to undergo rigorous imprisonment for life (and to pay a fine of Rs.10,000.00) for offence punishable under Sec. 302 IPC and rigorous imprisonment for a period of 3 years for offence punishable under Sec. 498A of IPC. Appropriate default sentences were also imposed.

(3.) Along with the appellant (A1), appellant's mother Arati Acharjee (A2), appellant's brother Nitai Acharjee (A3) and Appellant's father Bimal Acharjee (A4) were tried together. Though the Trial Court acquitted A4, Bimal Acharjee, the father, it convicted the mother and brother along with the appellant. They have also since been acquitted by the High Court and the State is not in appeal.