CRL.A(J) - Gauhati High Court

19. It appears to us that the entire effort of the prosecution was tosomehow or the other find the appellant guilty, without carrying outany proper investigation, and a murderous story against the appellanthas been cooked up. It is true that there are some odd circumstances,such as, Musstt Sahera Khatun leaving the matrimonial home withouther minor children, but it appears from the record that she did notenjoy a happy matrimonial life with the appellant. It is quite possiblethat she may have left the matrimonial home in these circumstancesand it may be a simple case of desertion, rather than of murder. Noeffort was made to gather any evidence of any kind from the village ofMusstt Sahera Khatun‟s mother which would have certainly thrownsome light on the matter.20. All that we can say is that not only was the investigationshoddy, but even the trial was conducted in a manner totallyunbecoming a Court of Law.21. We have more than adequate reason, on the above facts, tobelieve that the appellant was not given a fair trial and that theinvestigation was motivated. There is absolutely no evidence to findthe appellant guilty of murdering his wife Musstt Sahera Khatun. Wesee no reason, under these circumstances, to remand the case forCrl Appeal (J) No.99/05 Page 8 of 9