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21. In order to prove their case, parties have adduced the evidence. Let us examine, analyse and scrutinize the contentions, advanced by the learned counsel for the appellant and learned A.G.A, on anvil of the evidence adduced by them, the undisputed facts and circumstances and entire material on record. This opens door for us to enter into the prosecution evidence on record.

22. The prosecution has examined P.W.-1 Prem s/o Rajaram, who has deposed that present incident had occurred on 27.06.2004, He was present at his house. His younger brother Pramod in the company of his three children namely Annu aged about 11 years, Shivam aged about 8 years and Satyam aged about 4 years, had gone in a Buggi at his field at about 7.30 a.m. Pramod had sent his children to fetch water from the hand-pump located near the temple of Harijans. When they were returning towards the field, taking water in a container and appeared on the chakroad in front of road, Narendra (now deceased) and his wife Kaushalya (present appellant) gave cardamom to those children in a pieces of newspaper. Krishan Pal and Parveen alias Pravindra, hailing to the same village, were going towards their field had witnessed the process of handing over of devotional offer to those children. After devouring the devotional offering, those children had fallen fainted and withered. On information, the complainant, his brother Pramod and younger brother Ram Niwas, as well as, his son Sunil arranged to carry and admit those children in the nursing home of Dr. Narendra Kumar Tyagi, located at Khatauli. All the three children namely Annu aged about 11 years, Shivam aged about 8 years and Satyam aged about 4 years were declared dead by the doctor. Subsequent thereto, those children were brought at home. On 28.06.2004, when children were taken to bury, then Kishan Pal and Parveen disclosed that Narendra and Kaushalya had supplied cardamom to those children before him. On 28.06.2004 he had given information to the Police Station Ratanpuri through a written tehrir, scribed by Rakesh Kumar Sharma and duly signed by him, with respect to that incident. The said written report was duly marked as Ext. Ka-1. He had given application before the District Magistrate concerned on 27.04.2004 for autopsy deceased children because the doctors of the hospital were not conducting the post mortem. He had also proved the application exhibited as Ka-6/1. During the course of cross examination of PW- 1 this fact surfaced that Raj Pal and Kishan Pal s/o Sheo Raj were hailing from the same lineage and were witness of that incident. Praveen alias Pravindra s/o Daulat Ram was also hailing to the same pedigree and was also witness of the incident. The brother of Praveen was Om Prakash and the son of Om Prakash was Aadesh. He was also a witness of the incident. The complainant and Pramod were living in the same house. The house of Kishan Pal was located at a distance of 60 yards. The field where Pramod was working was in his possession. There was a demarcation line between the field of Praveen and Pramod. The field of Kishan Pal was located in the south east of the field of Pramod. The field of Shriniwas was located towards west. There was a distance of about 180 yards from the field of Pramod towards south path of temple. The house of the culprit was situated at a distance of 200 yards from temple. There were 8-9 houses in between. There was no school in the vicinity of offenders. He was informed by the children about the incident. At the place of occurrence, Pramod, Ram Niwas Sunil and a number of persons of the locality were present. Unconscious children were lying on the chakroad running towards the field of Pramod. Those children who were taken to Khatauli in unconscious condition were brought back at about 11.45 a.m. in dead condition. Pramod, Ram Niwas and Sunil had gone at the hospital in a motor cycle. The full particular of the complainant was noted by the doctor. Two children were declared brought dead. One child who was in an unconscious condition was being treated and during treatment he died. Pramod had gone at the police station from Khatauli. Aadesh Kumar had also gone to Khatauli. Pramod had comeback to village in between 15-20 minutes after arrival of complainant. It was about 12.15 (noon) and the police personnel had also come with Pramod. He had not seen Praveen and Kishan Pal at the place of occurrence. When the corpse of children was brought from Khatauli, he did not see them. There was a gathering on the arrival of police personnel. The police personnel stayed in the village about 3'1/2 to 4 hours. In the meantime, he did not see Praveen and Krishna Pal. He could not recollect as to whether any person from the family of Praveen was present there. The daughter in law of Krishna Pal was present. Rajpal, Tejpal, daughter in law and his son were present there. The complainant and Pramod had accompanied to the police personnel who were carrying the corpse of those children. Praveen and Kishan Pal came across to the complainant on the next day at about 4 to 5 'O'clock, when the corpse of those children were to be buried. After autopsy the corpse of those children came in the village at about 1'1/2 to 2 'O'clock. Praveen and Kishan Pal and other people of village did not come at the night. There was distance of 14 to 15 house from the house of Praveen and 6-7 house from the house of Kishan Pal. Kishan Pal and Praveen did not come across to him on 27.06.2004. After burying the corpse of those children, the report was got written by Rakesh. Praveen and Kishan Pal were not present at the moment of getting the report lodged. The message was sent to relatives on telephone and Rakesh had come on the same night. Rajpal and Attar Singh had gone at the police station with the complainant. The house of the offenders was situated at a distance of 200 to 250 yards. This fact was not incorporated in the first information report that Kaushalya and her husband were playing the skill of black magic (Tantrik). This fact was divulged by him in his statement. The house of Sripat was located at a distance of 50-60 yard. The house of Sivani s/o Preetam was situated at a distance of 300 yards. Srikrishna and Siwani were also playing the skill of hocus pocus but they were not distributing the devotional offering. The complainant or his relative never approached the miscreants for the purpose of black magic. Narendra had got a case registered against complainant and Krishna Pal with respect to mar peet in which he was sent to jail and was released on bail. The said incident had occurred prior to 6-7 years. There has not been any property dispute between complainant and Narendra. He was not aware with respect to any legal proceeding between Deep Chand and Praveen. The police personnel arrived at the village in a span of 1-2 hours after registration of report. The team of police remained in the village at about 10-11 hours. The police personnel had gone at the place of occurrence. The police personnel came back at his house from the place of occurrence. The police personnel remained present at the field about 5 to 7 minutes. The devotional offering was not distributed to the village folk by the person who were getting the black magic done. He supported the prosecution version and the defence could not derive anything to belie the prosecution case. He narrated the prosecution story in a most natural way. He denied that he had lodged the first information report against them on account of grudge and animus. The narration of facts with respect to happening of said incident perpetrated by the accused leaves no shadow of doubt to suspect their conduct.

25. In corroboration of occurrence, the prosecution has also examined P.W.-3 Parvindra Sharma who has averred that he was well conversant with accused Narendra and his wife Kaushalya. On 27.06.2004 he along with Kishan Pal was going towards their fields at about 9.30 a.m. Annu aged about 11 years, Shivam aged about 8 years and Satyam aged about 4 years, the children of Pramod, were going towards their field taking water in a container. Narendra and Kaushalya were behind the children. Narendra, taking out from his pocket, gave cardamom in wrapper to his wife Kaushalya and piece of news paper Kaushalya had given the said cardamom to those children, who devoured the same and proceeded towards their field in front of these P.W.3 Parvindra Sharma and Kishan Pal proceeded towards their field. He returned from his field in the evening. His wife informed him that three children of Pramod had expired. P.W.3 Parvindra Sharma immediately went at the house of Pramod. There was none at his house. The ladies were lamenting and bewailing. He told the fact supplying cardamom to those children after their last cremation, to Prem at about 6-6:30 a.m. Narendra and his wife were playing black magic. In his cross-examination, the witness stated that those children had met him at the turning point of chakroad leading to road. He is at a distance of 200 metres. He had gone to remove the shrubs from his field. Pramod was present and was doing some work in his field at a distance of 60 paces from Tubewell. The tubewell of Pramod was located at a distance of few paces from chakroad. There was a chakroad in between his field and field of Pramod. The field of Kishan Pal was also located towards south to his field. The field of Vinod and Ram Niwas was located towards south to the field of Pramod. This fact was brought in the notice of Station Officer concerned that Narendra was playing black magic and in case Station Officer concened did not mention it in his statement, he could not be held responsible for it. He made his best to prove the prosecution case and the defence could not elicit anything to belie it. The defence had not been able to cull out any aberration or deviation in the prosecution to create any suspicion about its genesis rather P.W.3 had fully proved his presence on the fateful day of occurrence and divulged the shape of incident in a very intrinsic and natural manner.

(II) Besides, PW- 1 Prem, PW- 2 Krishna Pal and PW- 3 Pravindra Sharma has clearly stated in their statement that accused/ appellant who hails from Brahman Community are engaged in black magic activities for personal gains. There are many other people in the village who are engaged in the same activities. Such people used to do these activities adopting tantra mantra (occult) techniques in favour of their clients. Appellant might have been actuated to commit the incident in order to do favour of some client or even for herself, for she knew the consequences of taking aluminum phosphide and there is clear evidence that supplying the poison in sugar coated cardamom to the innocent teen-aged children without showing any humanitarian attitude.