This appeal has been preferred by accused No.2 by assailing the judgment and order of conviction and sentence passed by the Fast Track Court No. X, Bengaluru, dated 27.9.2012 in SC.No.83/2009.

2. The brief matrix of the case of the prosecution is that, the complainant Linga Reddy was residing along with his deceased wife Smt. Lakshmi and children in residential quarters at No.318/D West Colony, Railwheel Factory, Yelahanka New Town, Bengaluru. On 13.8.2008, at about 1.00 p.m., accused No.1 came to the house of the complainant along with CW.2-Srinivasa. On seeing accused No.1, complainant identified that, he is the son of his maternal aunt and on that day they had lunch. On 14.8.2008, at about 11.30 a.m., CW.2- Srinivasa who used to reside opposite to the house of the complainant, noticed that, accused Nos.1 and 2 were proceeding towards the house of the complainant. By seeing CW.2, accused No.1 tried to cover his face to avoid to show his face to CW.2. It is further alleged that, thereafter accused Nos.1 and 2 entered into the house of the complainant, at that time deceased Smt.Lakshmi was present in the house, they requested her to provide water for drinking. It is furthe