JUDGMENT :

SUDHANSHU DHULIA, J.

1. The appellant in this Criminal Appeal challenges judgment and order dated 06.06.2009 passed by the High Court of Karnataka which has allowed the Criminal Appeal of the State; thereby reversing the order of acquittal of the Trial Court, thus convicting the present appellant of offences under Sections 302 and 450 read with Section 34 of the Indian Penal Code and sentenced him, inter alia, to life imprisonment, under Section 302 of IPC.

2. The case of the prosecution is that Rohini (PW-1) and Rohithaksha (PW-3) were residing with their mother Devaki (deceased; aged 86 y/o) at Kudupu, Mangalore. Devaki was strangulated to death by the present appellant and coaccused Ravikumar. On 26.12.2000 when PW-1, PW-3 and PW-4 (wife of PW-3) were not present in their home, and their 86-year-old mother was alone, the present appellant and the co-accused broke into their house with the intention to commit robbery and killed Devaki. A written complaint was filed before the police at 2:30 p.m. by PW-1 which formed the basis of the FIR which was registered at PS: Mangalore Rural Circle at approximately 3:00 p.m, in which the two accused Ravikumar and the present appellan