CRL.A(J) - Gauhati High Court

apparently along with her brother Imdadul Hussain, who wasabsconding during the trial and does not appear to have been found tilldate. It is not clear whether Imdadul Hussain is really the brother ofMusstt Sahera Khatun or not. It appears that no effort was made toascertain this fact.13. Be that as it may, since Musstt Sahera Khatun was not seen inthe village for some time, on 13-7-2002 a First Information Report(FIR) was lodged by PW-3 Sultan Mahmud, belonging to the VillageDefence Party (VDP), that Musstt Sahera Khatun has disappearedfrom her house in a suspicious manner; that there was some ill feelingbetween the appellant and Musstt Sahera Khatun; that Musstt SaheraKhatun left behind her minor children for which there is noexplanation and, therefore, it appears that the appellant killed his wife(Musstt Sahera Khatun) and concealed her dead body somewhere.14. The body of Musstt Sahera Khatun has not been found till date,her brother Imdadul Hussain also has not been found till date. Theevidence suggests that Musstt Sahera Khatun and her brother ImdadulHussain went to the house of her mother in a different village but noeffort was made by the Investigating Officer to find out whetherMusstt Sahera Khatun was living with her mother or not.Crl Appeal (J) No.99/05 Page 6 of 9