Supreme Court upholds life sentence for husband in wife's murder case, flags simulated hanging

New Delhi: The Supreme Court has upheld the conviction and life imprisonment of a man for murdering his wife, emphasising that signs of assault or struggle on a body found hanging cannot be lightly disregarded as they point to possible simulated hanging.

A bench of Justices Prashant Kumar Mishra and K V Vishwanathan confirmed the guilt of Gour Acharjee for the murder and cruelty towards his wife Soma, who died under suspicious circumstances within 15 months of marriage.

In the 25-judgment authored by Justice Vishwanathan, the court noted that under Section 106 of the Indian Evidence Act, 1872, when an offence occurs inside the privacy of a house, the initial burden lies on the prosecution, but there is a corresponding burden on the inmates to offer a cogent explanation about how the victim died.

In this case, the accused was present in the house but failed to provide any plausible explanation under Section 313 CrPC.

Acharjee had challenged the 2012 order of the Gauhati High Court, which upheld the trial court's verdict convicting him of murder.

The High Court had acquitted his brother and mother, while his father was acquitted by the trial court. Soma died on June 16, 2007.

She was allegedly subjected to repeated torture and harassment for dowry — including demands for a motorcycle and cash — and was sent back to her matrimonial home several times after intervention by local panchayats.

Both the trial court and the High Court had concluded that Soma died a homicidal death.

The court agreed, pointing to medical evidence showing injuries on the chest, jaw, and head. The doctor noted the absence of a typical ligature mark and other signs usually associated with suicidal hanging. There was no protrusion of the tongue, no congestion in the eyes or face, and no inflammatory signs around the neck.

“The injuries found on the body of the deceased are not consistent with an ordinary case of suicidal hanging. The existence of ante mortem injuries on different parts of the body... is not ordinarily capable of being self-inflicted,” the bench said.

The court held that the medical evidence clearly indicated violence prior to death, ruling out suicide.

“We have no hesitation in confirming... that the death was due to the head injury and that the deceased was put on hanging,” it said.

The bench also noted overwhelming evidence of consistent dowry harassment.

While other family members were acquitted on the same evidence, the court found sufficient direct evidence against Acharjee to sustain his conviction under Section 498A IPC.

The court said that Acharjee was the only person with the deceased at the time of her death. It was his duty to explain the injuries and the circumstances, but he failed to do so. His claim of suicide was contradicted by medical evidence.

The court was informed that the convict is absconding. It directed immediate action to trace and arrest him.“Let a copy of this judgment be sent to the Director General of Police, Tripura, who shall immediately constitute a team and take steps to apprehend the convict,” the bench ordered.