Case: State Of Karnataka Vs. M.V. Mahesh

This case bristles with mystery over mystery as to the disappearance of Beena, wife of the respondent. On a complaint lodged about the missing of the said Beena, investigation was taken up by the police and on recovery of human bones M.O. 13 to M.O. 20 which were subjected to DNA examination, in order to establish the identity of the said bones as that of Beena, laid a charge sheet against the respondent and his father in the Court of Sessions at Bangalore which Court, after an elaborate trial, found that there are incriminating circumstances involving the respondent and his father in the offence alleged against them, namely, murder of Beena and convicted both of them who successfully appealed against the same. Hence this appeal. During pendency of this appeal father of the respondent died.

Reasoning: So far as the respondent is concerned, no motive appears to have been established. Further the statement of the respondent as such leading to the discovery is neither marked nor put to the witnesses for prosecution. Indeed, whether the statement made by him really led to the discovery itself is in doubt inasmuch as the police had already information through another witness and that circumstance was strongly relied upon by the High Court. The High Court held that the statement made by the respondent, if at all, will not lead to any discovery inasmuch as the information was already in possession of the police and that reasoning cannot be faulted with. The whole prosecution case is a chain of circumstances connecting one with another with many missing looks in between. These aspects were noticed by the High Court and, therefore did not accept the case put forth by the prosecution.5. In this view of the matter, we do not think any case is made out by the appellant to interfere with the order made by the High Court.