1. - The case of the prosecution, in nut-shell, is that the present appellant, namely Smt. Sunita was married with one Gordhan @ Gordhan Lal Soni. Out of the wedlock, the appellant had given birth to two sons, namely Rohit @ Akshay (PW-13) and Kapil (PW-14) and one daughter, namely Priya. Gordhan Lal Soni, the husband of appellant, was employed as Peon in the Sales Tax Department. The family of the appellant was residing in Street No.2, in front of Baldev Nagar, Gandhi Nagar, Gorsiawas Road, Police Station, Christianganj, Ajmer. On the evening of 22.04.2004 at around 05:30 P.M. Gordhan Lal Soni died an unnatural death in his house.

2. The present appellant, Smt. Sunita, was tried by the Court of Additional Sessions Judge (Fast Track) No.1, Ajmer for causing murder of her husband, Gordhan Lal Soni. Along with the present appellant, co-accused, namely Smt. Savitri Devi w/o Sunderlal Soni, Brijesh @ Raju @ Rajkumar s/o Sunder Lal Soni and Sunder Lal s/o Madan Lal Soni were also tried for offence punishable under Section 202/511 of Indian Penal Code.

3. The trial Court, vide its impugned judgment dated 21.07.2005, acquitted Smt. Savitri Devi, Brijesh @ Raju @ Rajkumar and Sunder Lal, but, however, convicted the present appellant for offences punishable under Sections 302 and 203 of Indian Penal Code.

4. Having convicted the appellant - Smt. Sunita for causing murder of her husband, Gordhan Lal Soni, the trial Court, vide a separate order of even date, sentenced her as under:-

"For offence under Section 302 I.P.C. : to undergo life imprisonment and to pay a fine of Rs. 1000/-. In default of payment of fine, to further undergo three months simple imprisonment. "For offence under Section 203 I.P.C. : to undergo two years simple imprisonment."

5. Aggrieved against her conviction pronounced and sentence awarded by the trial Court, appellant has instituted the present appeal under Section 374 of Code of Criminal Procedure, 1973, praying interalia that her conviction and sentence, be set aside, and she be acquitted of the charges levelled against her.

6. Conviction of the appellant rests upon the testimony of two sons, namely Rohit @ Akshay (PW-13) and Kapil (PW-14).

7. In the present case, we have been called upon to determine the credibility of two child witnesses and as to whether deceased was murdered or had committed suicide.

8. Suffice it to say, prosecution, in order to bring home guilt of the appellant, in all, had examined nineteen witnesses and proved on record twenty-six documents, being Exhibit-P/1 to Exhibit-P/26.

9. The appellant, in her statement recorded under Section 313 Cr.P.C., has stated that she was not present at her house when her husband has died.

10. In defence, accused had examined three witnesses and also relied upon documents Exhibit-D/1 to Exhibit-D/5, which are the previous statements of Rohit @ Akshay and Kapil recorded by the Police under Section 161 Cr.P.C.

11. In the present case, Joshmohan I.P.S. (PW-15) on 23.04.2004 was posted as Station House Officer, Police Station, Christianganj, Ajmer. In the morning at 10:30 A.M., he received a telephonic information that Gordhan Lal Soni was murdered due to strangulation. The said information was recorded in the Daily Diary Register, entry of which has been proved as Exhibit-P/24- A. After receiving the said information, this witness constituted a Police team and reached at the cremation ground. In the cremation ground, about 50/100 persons were present and were doing preparation for cremation. The dead-body was examined and as per information, marks of injury were found on the deadbody. Considering the death to be an unnatural, dead-body was sent for the Post Mortem. This witness had questioned the present appellant and the other ladies. On this, appellant disclosed that her husband had committed suicide and she presented a written-report Exhibit-P/15. The said report through Head Constable Ajay Singh was sent to the Police Station for registration of the case. T