JUDGMENT

Rajendra Babu, J.-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.

2. The first circumstance relied upon by the Trial Court is that the said Beena was last seen in the company of the respondent. The second circumstance relied upon by the Trial Court is that the respondent gave false explanation as to her disappearance stating that she was in the family way and she insisted upon visiting her parents on 28.11.1988 and at 5.45 A.M. he too