JUDGMENT K. Narayan, J. - This is a jail appeal by one Smt. Bhanumati alias Bimla convicted of the offence of murder under Section 302, I.P.C. and sentenced to undergo imprisonment for life by judgment and order dated 1.5.80 in S.T.No. 7 of 1980 by the First Additional Sessions Judge, Nainital. 2. There is practically no dispute about the facts. Appellant Smt. Bhanumati was working as a labourer on a daily wage of Rs. 3/- in Jhari Mandir Nursary Barakauli Range, Sittarganj and had twin daughters. On 9.8.79, when all labourers came for their lunch break, Smt. Bhanumati also came back with them. Her daughters, who were very often seen crying out side were conspicuous by their absence. Whereupon, Smt. Bhanumati was questioned about there. Smt. Bhaumati had also not come to see her children from mid work, which was usual for her, because of these reasons the neighbours went into the hut of Smt. Bhanumati where both the daughters of Smt. Bhanumati were seen lying dead. On further queries Smt. Bhanumati conveyed that since. she could not feed her children with the wage of Rs. 3/- per day, she had killed them. This state merit is said to have been given by her in presence of several persons including P.W. 1 Mangal Singh, P.W. 2 Bengali and P.W. 5 Bachan Singh. The other witnesses who were shown in evidence had left for Bangladesh and were no more available for evidence. 3. Out of the above, it appears that Mangal Singh held some official capacity as Forester of the Range. He prepared the first information report and sent the same to the Police Station. Chik F.I.R. prepared on the basis of this report was Ex. Ka 4. The police on arrival proceeded with necessary investigation. P.W. 6 S.I. Deshraj Singh conducted inquest upon the body of both the victims and sent the same for post mortem examination with constable Badan Singh P.W. 3 P.W. 7 Virendra Singh S.O. conducted rest of investigation, prepared the site plan and interrogated the witnesses. 4. The post mortem examination was conducted by P.W. 8 Dr. H.C. Mittal. The reports of the post mortem examination of the two victims are Ex. Ka-10 and 11. In the opinion of Dr. Mittal, the death was due to asphyxia result of strangulation. 4. The post mortem examination was conducted by P.W. 8 Dr. H.C. Mittal. The reports of the post mortem examination of the two victims are Ex. Ka-10 and 11. In the opinion of Dr. Mittal, the death was due to asphyxia result of strangulation. He had found contusions below both the mandibles rod also injuries under them suggesting the evidence of strangulation. The contusions, of course, were suggestive of strangulation with thumb and fingers. 5. The prosecution examined in addition to the above said formal witnesses P.W. 1 Mangal Singh, P.W. 2 Bengali and P.W. 5 Bachan Singh. who had stated about extra judicial confession of Smt. Bhanumati. All of there had stated the facts mentioned above about the absence of girls and consequent visit of the witnesses inside the house with extra judicial confession of Smt. Bhanumati. In cross-examination, an effort was made to make out a suggestion that the confession of Smt. Bhanumati was obtained by inducement suggesting to her that they would get the matter compounded with the police (Rafa dafa karwa denge). The suggestion has been denied by every witness. There was no enmity between the witnesses or any of them and the accused. There was, therefore no occasion for any such offer. It is true that subsequently the accused had tried to retract from the confession by saying that somebody else had committed the murder of her daughters, with the wores that who would feed them. The theory remains the same' and the motive even with this statement' would he to avoid food to the victims. She being the mother had primary responsibility for it. In this court Sort. Bhanumati had also tried to rope in one of her nephews but that again is not going to obtain. She was living with her daughters at a different place for the last more than a month and her nephews or cousins of the victims were in no way going to arrange for food for the victims. So far as the evidence of witnesses on the aspect of extra judicial confession is concerned, there is nothing to discredit them. 6. She was living with her daughters at a different place for the last more than a month and her nephews or cousins of the victims were in no way going to arrange for food for the victims. So far as the evidence of witnesses on the aspect of extra judicial confession is concerned, there is nothing to discredit them. 6. It was argued on behalf of the appellant by the learned amicus curie that this case being one of murder by mother of her own innocent children for the reason that she could not feed them should he considered as one of the culpable homicide not amounting to murder as the reason behind it was failure on the part of the mother to feed the children. Under Section 300, exception I of the Indian Penal Code, which was relied upon by the learned counsel for the appellant, the culpable homicide is not murder if the offender, whilst deprived of the power of self control by grave and sudden provocation causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. In order to get the benefit of this except ion three factors are necessary - the first being that the accused should he deprived of the power of self control and the reason for it should be (1) grave and (2) sudden provocation. The first thing he seen would be as to whether there was any provocation. There is no direct evidence and in fact, the children aged about 3 years could not have given any provocation by their act or conduct. The only possibility, of course, which should have been presumed if there was no evidence to the contrary, was that the children were crying with hunger and the mot her could not tolerate. We might have thought of giving some benefit on that line if the position could be accepted. However, there is evidence to indicate against this situation. The report of post mortem examination of both girls shows that at the time of their death, they had semi digested food material weighing 2 onces in their respective stomach. That is they were not hungry, they were not crying for it. However, there is evidence to indicate against this situation. The report of post mortem examination of both girls shows that at the time of their death, they had semi digested food material weighing 2 onces in their respective stomach. That is they were not hungry, they were not crying for it. The citation of the words that it was a thought of the accused that she would not be able to maintain them in future would neither be provocation nor sudden provocation nor it could be thought that she would be deprived of her power of her self control. In fact, the calculation that she would not be able to maintain them in future or even next morning would be a thought with due understanding and not of a person who has been deprived of her self control. We may have sympathy for the mother whose two children have been murdered by her but that would not alter the course of law. The reasons do not justify the heinous crime that has been committed. On the other hand it may be more heinous in view of the fact that the mother herself, who would be the guardian of the daughters, decided to commit murder. 7. However, in her statement here, the appellant has shown that she has another son may he elder to the victims of this crime. The life of that son irrespective of the heinousness of the crime may not be allowed to be disturbed and for that matter punishment of the appellant may be reduced. However considering the nature of the crime, it cannot be done by this court as the offence of murder admits of only two penalties. We can only leave an impression here that as and when this aspect comes to the notice of the government, it mad be considered with an idea that the crime had been committed by mother against her children. which can he done only when there is very strong reason thought of rightly Tor wrongly by the mother. 8. With the above observation , this appeal should fail and is according dismissed.