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4. During investigation, the appellant was arrested on 31.07.1999 and he made a disclosure statement [Ex.PW-13/C] pointing out the shop, from where he had purchased six capsules of Spasmo Proxyvon.

5. Further, the appellant also got three capsules of Spasmo Proxyvon and empty covers of other capsules recovered from behind the water motor in his house.

6. The postmortem qua the deceased girls Roshan [Ex.PW-5/A] and Gulsitan [Ex.PW-7/A] was performed, and the stomach wash and viscera pettis were taken into possession, which were sent to FSL, Malviya Nagar, New Delhi, for the latter's examination and report.

14. PW-6, Shiv Shankar s/o Om Prakash, turned hostile in Court as well, but testified that the police had seized one small dibba (box) containing potash from his factory vide possession memo [Ex.PW6/A] on 02.08.1999.

15. PW-9, Zulfikar s/o Ashraf Ali, testified before the Court that the appellant, duly identified, came to his shop on 29.07.1999, with a prescription from the doctor and further bought Spasmo Proxyvon capsules from him, to be administered to treat abdomen pain.

24. Counsel would further urge that the Trial Court has proceeded on conjectures and surmises and failed to appreciate the defence led on behalf of the appellant to the effect that, PW-8 had animus towards the appellant, as well as, her deceased sisters, on account of her being involved with Abid, which was viewed with disfavour by the father.

25. Learned counsel would also point out that, it is improbable as deposed by PW-8, that she could keep the Spasmo Proxyvon capsule laced with potassium cyanide for five minutes in her mouth and still not demonstrate any ill-effects from the said capsule, which renders her testimony improbable and unnatural.

28. Mr. Ravi Nayak, learned APP would emphasize that the recovery of the empty and full strips of the Spasmo Proxyvon tablets, as well as, their purchase from PW-9, clearly establish and support the testimony of PW-8, in relation to the material particulars of the commission of offence by the appellant.

29. Mr. Ravi Nayak, learned APP would lastly, submit that even though PW-1 turned hostile in Court, her testimony-in relation to the interaction between her and PW-8 at the fateful hour, the latter had disclosed to the former that the appellant had administered capsules to all the three sisters, pursuant to which, the condition of the deceased sisters deteriorated-remains uneffaced and uncontroverted on record.