K.C. Bhanu, J.

1. Criminal Appeal by the State represented by the Public Prosecutor is filed against the order of acquittal of the respondent-sole accused of the charge under Section 302 of the Indian Penal Code, 1860 (for brevity ‘IPC’) passed by the III Additional Sessions Judge, (Fast Track Court), Asifabad, Adilabad District, vide judgment, dated 17-02-2005, in Sessions Case No.178 of 2003.

2. Criminal Revision Case is filed by the petitioner-accused under Sections 397 and 401 of the Criminal Procedure Code, 1973 (for short ‘Cr.P.C.’) against the order, dated 20-01-2004, in Crl.M.P.No.9 of 2004 in Crl.A.No.178 of 2003, wherein the petition filed by the petitioner herein under Section 311 r/w 91 Cr.P.C. and Section 45 r/w 50 of Indian Evidence Act, 1872 (for short ‘the Act’) seeking DNA test for P.Ws.2 and 3 to decide their paternity, was dismissed.

3. Brief facts, that are necessary for disposal of the prosecution case may be stated as follows:

Ramancha Padma (hereinafter referred to as ‘the deceased’) is the second wife of the accused and mother of P.Ws.2 and 3. P.W.1 is the owner of the house in which the accused and deceased were residing as tenants. P.W.4 is the mother and P.W.5 is the daughter of P.W.1. The accused who is a resident of Koheda, Karimnagar District, came down to Ramakrishnapur in the year 1986 with his first wife Smt.Bhagyamma and children as he got job in MK-4 mine as coal filler. About five years back, his distant relative one Boppula Sammi Reddy, who was residing at ‘A’ zone working at MK-4 mine as coal filler died. After one month of his death, accused brought his wife Padma along with her two children and later married her and started staying together. On seeing the same, the first wife of the accused differed with him and went to her parents house. For about one year, the deceased and accused resided happily and after that differences arose between them. Accused used to shout at the deceased and every day, he used to beat her alleging that she was having illicit contacts with others and every day there used to be quarrel between them during nights.

On 06-11-2001 night after dinner, the accused, deceased and P.Ws. 2 and 3 slept in their room. Accused and children slept on the cot, while the deceased slept on the floor on a mat. In the front room, P.W.1 and others slept. At about 3.00 A.M. on 07-11-2001 the accused and the deceased woke up and they discussed for a while about the illicit relationship of the deceased and had a heated exchange words. In the meanwhile, P.Ws. 2 and 3 woke up from their sleep. While abusing each other, the accused became ferociously got up and took a hatchet , which was on the cooler and attacked the deceased and caused injuries on her forehead and face, as a result, the deceased succumbed to injuries. P.Ws. 2 and 3 ran out and informed to P.W.1, who along with neighbours immediately came and saw the deceased lying dead. On seeing them, the accused ran away. On the same day at 6.30 A.M., the accused went to Ramakrishnapur Police Station and lodged Ex.P17-report. Basing on it, P.W.12-Sub Inspector of Police, registered a case and issued Ex.P18 FIR and informed the same to P.W.13-Inspector of Police, who visited the scene of offence, found the dead body lying there and examined P.Ws. 1 to 5. In the presence of P.Ws.7 and 8, P.W.12 held inquest over the dead body of the deceased under Ex.P10 and thereafter subjected the dead body to post-mortem examination. The doctor who conducted autopsy over the dead body of the deceased opined that the cause of the death of the deceased was due to injuries to the Brain and its blood vessels and he issued Ex.P11 post-mortem certificate. After completion of investigation, P.W.13 filed charge sheet.

4. The learned Sessions Judge, framed the following charge against the accused: “That you at 3.30 A.M., on 07-11-2001 in your house at Abrahamnagar, Ramakrishnapur, did commit murder by intentionally or knowingly causing the death of yo