HON’BLE SRI JUSTICE K.SURENDER And HON’BLE SRI JUSTICE K.SARATH CRIMINAL APPEAL No.4 OF 2017 JUDGMENT: (per Hon’ble Sri Justice K.Surender)

1. The appellant is the sole accused convicted and sentenced to imprisonment for life under Section 302 of IPC vide judgment in S.C.No.823 of 2014 dated 05.12.2016 passed by the II Special Sessions Judge Court for Trial of Cases relating to Atrocities Against Women, Cyberabad, Ranga Reddy District at L.B.Nagar.

2. Heard Sri H.Sudhakar Rao, learned counsel for the appellant and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for the State.

3. Briefly, the case of the prosecution is that the deceased namely Perumalla Aruna is the wife of the defacto complainant/P.W.1. She was working as helper in Noble Book Binding Works. Her duty hours were 9.00 a.m to 1.00 p.m and 1.30 to 6.00 p.m. She used to go for lunch in between 1.00 p.m and 1.30 p.m. The distance to her house from place of work was five minutes by walk. On 05.11.2012, P.W.1 went to his office and in the afternoon around 1.15 p.m, P.W.1 called his deceased wife from the landline. The deceased informed that she was in the house. P.W.5 went to the house of the deceased since she did not come back after lunch break and when he called, there was no response. P.W.4 went to the house, pushed the door and found dead body of the deceased. P.W.4 informed P.W.1 that the deceased was found dead in the house. P.W.1 then went to his house and thereafter to the police station and filed complaint.

4. The police, having received information and on the basis of complaint filed by P.W.1 at 4.00 p.m, went to the scene and conducted scene of offence panchanama. The wearing apparel of the deceased was seized. Thereafter, inquest proceedings were conducted and dead body was sent for postmortem examination. The postmortem was done by P.W.11, who found ligature mark of 0.5 cms over the neck and ligature mark round the neck. According to P.W.11, he opined that the cause of death was due to strangulation. The police, during the course of investigation collected DNA samples of P.W.1 and other suspects. The said DNA samples were collected since a stain was found on the petty coat-

MO4 of the deceased. The petticoat of deceased was initially sent to FSL. DNA blood samples were initially collected from three persons on 16.11.2012 namely Chaprasai Dattu, Sambu Rambabu, Singaram Mahesh. Again on 23.11.2012, blood samples of Perumalla Ratna Kumar, Gandla Penta Venkatesh, Muduri Srikanth, M.Thankajin and Jupalli Babu were collected. On 02.04.2013, the blood samples of Orath Abraham and Moolayil Thomas Jose were collected. On 22.07.2013 blood samples of the appellant were collected. All the eleven blood samples of suspects were subjected to DNA testing. P.W.12 found that the DNA profile obtained from the petty coat of the deceased is that of the appellant. Accordingly, opinion was given by P.W.12 under Exs.P11 to P19, extract of P.W.12’s evidence is as follows:

“Conclusion: The autosomal STR analysis conclusively proves that the DNA profile obtained from petty coat (source of item No.6 of DNA/130/2012) is of Mavuri Ramakrishna Reddy alias Ramakrishna (source of item No.1 of DNA/179/2013).

Ex.P11 is the allelic table of item No.4 and 6 of file No.DNA/130/2012 (Y-Filer) and item No.1 of DNA/179/2013 (Y-Filer).

Ex.P12 is the allelic table of identifiler of item No.6 of file No.DNA/130/2012 and item No.1 of DNA/179/2013 (marked subject to objection).

Ex.P13 is my report/opinion, dt:10.07.2013 Ex.P14 is work sheet in file No.DNA/179/2013 Ex.P15 is my report, dt:12-06-2013 in file No.DNA/130/2012, SER/1028/2012, DNA/145/2012, DNA/115/2013 and DNA/124/2013.

Ex.P16 is allelic table of DNA/130/2012 of identifiler of item Nos.5 and 6.

Ex.P17 is allelic table of DNA/130/2012 of identifiler of item No.1, 2, 3 and 7 to 14 Ex.P18 is allelic table of DNA/130/2012 of Y-filer of item No.4 to 6 Ex.P19 is allelic table of DNA/130/2012 of Y-filer of item No.1, 2, 3 and 7 to 14.”

5. There