The case of the prosecution is that on 22.10.2000, between 8.15 a.m. and 8.45 a.m., some persons with an intention to commit robbery, gained entry into the house bearing No.30/2, D.V.G. Road, Basavanagudi, Bengaluru. They entered the house and assaulted the deceased Manjula, using a weapon, by cutting her neck and killed her. They robbed certain gold articles from her. When her husband PW-1-Keshav Rao returned home, from his usual morning walk, he saw his wife lying at the portico near the plants. She had sustained a grievous injury on her neck. He alongwith PW-13 viz., the brother of the deceased, shifted her to Mallya Hospital for treatment at about 9.00 a.m., However, she succumbed to the injuries at about 10.30 a.m. Various gold articles were missing. In terms of the complaint filed by PW-13, a case was registered in Basavanagudi police station, in Cr.No.345 of 2000, for the offence punishable under section 302 Indian Penal Code against unknown persons. After completing the investigation, PW-12, the Police Inspector, Basavanagudi Police Station, filed a charge sheet against five accused persons under Section 302 Indian Penal Code. Initially charges were framed for the