JUDGMENT

K.C. Bhanu, J.— 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 17.2.2005, 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 ‘CrPC’) against the order, dated 20.1.2004, 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 PWs 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 PWs2 and 3. PW 1 is the owner of the house in which the accused and deceased were residing as tenants. PW4 is the mother and PW