Judgment : ARUNACHALAM, J. ( 1 ) APPELLANT Vijayalakshmi was tried in S. C. No. 92 of 1985 on the file of the Additional Sessions Judge, North Arcot at Vellore, under four heads of charges. The first two charges were framed under section 302, Indian Penal Code, alleging that she had caused the death of her two daughters Kalpana aged 9 and Gayathri aged 4 years by throwing them inside a well, consequent to which they drowned and died due to asphyxia. The appellant is stated to have dropped both the children inside the well at or about 2 p. m. on 6. 5. 1985 at Chengam Thukkapettai village. The well in which the children were thrown belonged to Asokan, not examined. The appellant was also charged under section 307, Indian Penal Code for having attempted to cause the death of her son Karthikeya Sivasankaran (P. W. 2) aged about 6 years, by throwing him similarly inside the well. P. W. 2 managed to escape. The appellant was further charged under section 309, Indian Penal Code for having attempted to commit suicide by jumping inside the well after throwing her children inside it, with a view to and her life. ( 2 ) LEARNED Sessions Judge after elaborate trial, found the appellant guilty of all charges, convicted and sentenced her to undergo life imprisonment on two counts of murder; 3 years rigorous imprisonment for attempt to murder and one year simple imprisonment under section 309, Indian Penal Code. The substantive sentences of imprisonment were directed to run concurrently. ( 3 ) FOR the disposal of this appeal, the prosecution case will have to be stated in brief, Vijayalakshmi (appellant) is the wife of P. W. 8 Ravi Chandran. The spouses had four children born of their wedlook. P. W. 7 Suresh Kumar aged about 13 years and P. W. 2 Karthikeya Sivasankaran are the sons, while deceased Kalpana and deceased Gayatri were the female children. P. W. 8 was residing along with his wife and children at Chengam Malpalayam. He owned no property and the only source of living was the daily wages he earned as a coolie in a hotel. On some days, he would earn Rs. 10/-per day and on other days approximately Rs. 7/ -. Due to dire poverty the whole family was constrained to starve most of the time. He owned no property and the only source of living was the daily wages he earned as a coolie in a hotel. On some days, he would earn Rs. 10/-per day and on other days approximately Rs. 7/ -. Due to dire poverty the whole family was constrained to starve most of the time. Due to object poverty leading to unfortunate starvation of the young children, there used to be frequent quarrels between the spouses. In this back-ground on 5. 5. 1985 during afternoon the appellant beat her son P. W. 7, since he had lost the house keys. On the same evening the appellant and the other children went over to witness a cinema. P. W. 7 refused to join. On return from the picture house, the appellant against chastised P. W. 7, which was not relished by P. W. 8. P. W. 8 objected to the manner in which the appellant was threating P. W. 7. Difference of opinion between these spouses, resulted in a wordy altercation. Pricked by the words hurled at her, the appellant left the house on the vary night. P. W. 8 fed his children and slept off. On the next morning the appellant returned to her house. P. W. 8 scolded her, that it was unfair to stay outside the house and that too for the whole night. So saying he left for his workspot. In the after-noon on 6. 5. 1985 P. W. 7 returned home and went back a lime later to the bus stand to sell lottery tickets. At that time, the appellant and her three children were in the house. After P. W. 7 left the house, appellant took both the deceased and P. W. 2 in the guise of taking them to the house of flower vendor Chellam. However, she took all the three of them to the Well situated land of Ashokan (not examined) and threw all of them inside it before she herself jumped inside. Both the deceased drowned and died as a result of Asphyxia. P. W. 2 and the appellant managed to escape from the watery grave. The appellant who came out, went near a tamarind tree and set there. Both the deceased drowned and died as a result of Asphyxia. P. W. 2 and the appellant managed to escape from the watery grave. The appellant who came out, went near a tamarind tree and set there. P. W. 2 who came out with wet clothes, immediately informed P. W. 3 Rajendran, who was separating coconuts, that his mother had thrown his sisters and him inside the well and attempted to drown herself. P. W. 3 did not believe the version of P. W. 2, since he was under the impression that the young boy was just joking. However, at or about that time, a vegetable vendor, who was passing on the road, commented that if the appellant wanted to die, she could have thrown herself and as to why she should throw her children inside the well. The words uttered by the vegetable vendor induced P. W. 3 to go near the well. He found the corpse of one child floating inside the well. Meanwhile, appellant Vijayalakshmi backoned P. W. 4, Panchalai, who was grazing cattle in the nearby Pallikooda Cheniar Patti. When P. W. 4 went near and enquired the appellant, the latter gave out an extrajudicial confession, that she threw her children inside the well and she too fell inside. She and one child escaped and came out of the well. She also requested the passers by to save her children. The stray passers-by commented that the Children might have died and hence police should be informed. Meantime, P. W. 5 Velu, belonging to Necnathdurai Village was on his way to Chengam along with his friends to witness a cinema while the bus in which he was travelling was passing near the well, he found it crowd. He got down from the bus and went to the scene. On enquiry, he learnt that two children had died due to drowning inside the well. He found one corpse of a girl floating inside. He dived inside the well and brought out the said corpse. After coming up, he was informed that another child was also inside the same well. He dived again and came out with the corpse of the second child. ( 4 ) AT or about that time, P. W. 7 Suresh Kumar was selling raffle tickets at the bus stand. He dived inside the well and brought out the said corpse. After coming up, he was informed that another child was also inside the same well. He dived again and came out with the corpse of the second child. ( 4 ) AT or about that time, P. W. 7 Suresh Kumar was selling raffle tickets at the bus stand. He was informed by one Mani (Not examined) a co-worker with his father, that his mother had thrown his brother and sisters inside a well, in which she too had jumped. Immediately, P. W. 7 went towards the well. He found his mother sitting near the tamarind tree. A crowd had gathered. Some-one in the crowd informed him, that a young boy with wet clothes had come out of the well and had gone towards the village. Hence, P. W. 7 went in search of his younger brother P. W. 2. He could not find P. W. 2 in his house. He then noticed four or five persons going together towards the well. In that group, P. W. 2 was also seen. P. W. 7 picked up P. W. 2 and both of them went in search of their father. Later P. W. 7 found a letter Ex. P4left in the house, by his mother. Ex. P4 was in the handwriting of the appellant. P. W. 7 produced Ex. P4 to the investigating officer on 7. 5. 1985. ( 5 ) P. W. 1 Pandurangan, Village Administrative Officer, was informed by his village menial, that two corpses of children, were found in the well, Opposite to the office of the B lock Development Officer. P. W. 1 immediately proceeded to the scene well. He noticed the dead bodies of two female children placed on the northern side of the well. When he enquired a few persons at the scene, he was informed that the two girls were children of P. W. 8 and the appellant. P. W. 1 returned to his office and prepared his report Ex. P1. He forwarded a copy of Ex. P1 to the Judicial II Class Magistrate, Chengam. He forwarded the original complaint to the concerned police station. P. W. 11 Sundarajan, the then Sub-Inspector of Police, received Ex. P1 at or about 6 p. m. and registered a crime, under the head suspicious death. P1. He forwarded a copy of Ex. P1 to the Judicial II Class Magistrate, Chengam. He forwarded the original complaint to the concerned police station. P. W. 11 Sundarajan, the then Sub-Inspector of Police, received Ex. P1 at or about 6 p. m. and registered a crime, under the head suspicious death. P. W. 11 also forwarded a copy of the printed First Information Report to the concerned Magistrate. Thereafter P. W. 11 proceeded to the scene well and enquired P. W. 2. Soon after enquiry of P. W. 2, P. W. 11 became aware, that this was a case of murder and hence he altered the crime into one under section 302, Indian Penal Code and forwarded express First Information Report to Court and his superior officers. ( 6 ) P. W. 12 Nagappan, the then Inspector of Police, received a copy of the express First Information Report at or about 11 p. m. on the same night He reached the scene of occurrence at or about 7 a. m. on 7. 5. 1985 and prepared the observation mahazar Ex. P3 attested by P. W. 1. He also prepared the scene sketch Ex. P/a. Between 7 a. m. and 10 a. m. he conducted inquest over the corpse of Kalpana and prepared the inquest report Ex. P/i. Between 10 a. m. and 11. 30 a. m. he conducted inquest on the corpse of Gayatri and prepared the inquest report Ex. P12. During both the inquests he examined P. Ws. 1 to 3, 4, 7, 8 and others. ( 7 ) AFTER inquest, he entrusted both the corpses to police constable Chenna Kesavalu (P. W. 10) with a requisition, to take them to the Government Hospital, Chengam, for the commence of postmortem. At or about 12 ( ) the appellant, who was available underneath a tamarind tree opposite to the office of the Block Development Officer. (Sic Para) ( 8 ) P. W. 9 Dr. Prema Kumari commenced autopsy on the dead body of Gayatri at 1 p.m. on 7. 5. 1985. She noticed the following appearance on the dead body. The body was dry and cold, moderately nourished. Body was symmetrical and body was pale-colour of iris was black and hair was black length 5. No external injuries were found. The body was not decomposed. External features of the body symmetrical, scalp, hair are normal. 5. 1985. She noticed the following appearance on the dead body. The body was dry and cold, moderately nourished. Body was symmetrical and body was pale-colour of iris was black and hair was black length 5. No external injuries were found. The body was not decomposed. External features of the body symmetrical, scalp, hair are normal. Eye lids were closed and pupils were dilated. Blood stained fluid discharge from the nostrils were present. Tongue was not protruded and blood stained fluid was present. Teeth were all intact and No. 7n No discharge from ears. Thorax 7 n shape and contour were normal. Hands were empty. Nails were no. 1 broken and blue in colour. Abdomen was distended and Diaphragm was normal. Blood stained fluid present in the peritoneal cavity. Thorasic gage was normal and there was no fracture of ribs. No fluid in plueral and paricardial space. Heart about 90 grams in wt. and each lung wt. about 120 gms. and congested on section and blood stained, fluid was present. The stomach was distended with gas. Lever wt. 500 gms. and congested on section and hyperenal spleen wt 50 gms and congested on section. Each kidney wt. 50 gms. and congested section. Small intestine were distended with gas and the appendix was normal. Bladder was empty. There are no fracture of pelvice and no injury to soft parts. No fracture of skull and membrance intact and vessels of membrane were engorged. Brain wt. 500 gms. and congested on section and vessels were engorged. No fracture of spinal column no fracture and no dislocation of vertebra. In the opinion of the doctor, the deceased had died of asphyxia due to drowning 20 to 24 hours prior to commencement of postmortem examination. Ex. P6 is the postmortem certificate. ( 9 ) THE same doctor conducted autopsy on the dead body of Kalpana at 3 p. m. on the same day and found the following appearance. The body was dry and cold and moderately nourished and pale in colour. Iris black. Hair black, Length 6 to 7. Body was found with multiple aberations: - (1) Just above the right ankle joint; (2) Lower abdomen (3) Above the left elbow joint (4) Left parietal region. 1 above left ear (5) Left side of back (left hip) (6) Above the back of right elbow joint. Body was not decomposed. Body was symmetrical, scalp-normal. Hair black, Length 6 to 7. Body was found with multiple aberations: - (1) Just above the right ankle joint; (2) Lower abdomen (3) Above the left elbow joint (4) Left parietal region. 1 above left ear (5) Left side of back (left hip) (6) Above the back of right elbow joint. Body was not decomposed. Body was symmetrical, scalp-normal. Eye lids closed. Pupils dilated. Blood stained frothy discharged from both hostrils. Tongue not protruded blood stained fluid present. Teeth all over intact 7/7 in No. Thorax was normal in size and 7/7 contour. Hands were empty. Nails not broken and blue in colour. Abdomen slightly distended and diaphragm normal. Blood stained fluid in pleural and peritoneal and pace, Thoradugmal, No fracture ribs and no fluid in pericardium. Heart 100 gms. Lungs -each 150 gms and congested on section. The stomach distended with gas. Liver wt. 600 gms. congested on section. Spleen wt. 50 gms. congested on section. Each kidney wt. 50 gms. congested on section. Small intestine distended with gas. Appendix normal. Bladder empty. No fracture on pelvice and no injury to soft tissues. No fracture of skull. Membrane intact. Vessels and membrane were engorge, porcim wt. 600 gms. on section congested. Vessels were cilated and engorged. No fracture or no dislocation of vertebrae. No injury to spinal In the opinion of the doctor P. W. 9, Kalpana had died of Asphyxia due to drowning 20 to 24 hours prior to commencement of post-mortem examination. Ex, P7 is the post-mortem certificate. ( 10 ) ON 9. 5. 1985, P. W. 12 forwarded requisitions Ex. P13 and P14 to the Chief Judicial Magistrate, Vellore to record statements of the appellant and P. W. 2 under section 164, Cr. P. C. After completion of investigation, P. W. 12 laid the charge-sheet against the appellant before the committal Court on 20. 6. 1995. ( 11 ) WHEN the appellant was examined under section 313, Cr. P. C. to explain the incriminating circumstances appearing against her in evidence, she denied her complicity in the crime. She went on to add, that there was no need for her, to have attempted to commit suicide. Her husband hated her. She went towards the well on receiving information that her children were floating inside the well. On reaching the scene, she cried. Her husband had made her, the offender. She went on to add, that there was no need for her, to have attempted to commit suicide. Her husband hated her. She went towards the well on receiving information that her children were floating inside the well. On reaching the scene, she cried. Her husband had made her, the offender. On the next morning she was taken to the police station, to obtain her signature. However, the appellant did not choose to adduce any evidence in defence. ( 12 ) ON a consideration of the oral and documentary evidence, the learned Sessions Judge accepted the prosecution case, rejected the defence and death with the appellant in the manner indicated earlier. ( 13 ) WE have heard Mrs. Thenkodi Nelson, learned counsel appearing on behalf of the appellant and Mr. S. Shanmughavelayutham, learned Additional Public Prosecutor representing the State. Both the learned counsel took us through the recorded evidence meticulous detail. The learned defence counsel contended that the only eye witness P.W. 2 was a juvenile, whose evidence cannot be accepted, since he had admitted when cross-examined, that he was taken to the police station and kept there on the day earlier to his deposition in Court. She commented, that non-examination, of important and independent witnesses was a serious lacuna. She then urged, that the delay in the receipt of the First Information Report by the Magistrate cannot be early brushed aside. She contended that the time of death was contradictory and the arrest was suspicious. ( 14 ) ALL these contentions were resisted by the learned Additional Public Prosecutor. ( 15 ) WE have carefully considered the contentions urged by either counsel. This is an unfortunate case where a crime on account of poverty, had led to two young lives meeting their ends in an unfortunate manner having been thrown inside the well by the very mother who brought them into this world. Sometimes poverty and starvation lead to the parents, not wanting their children to suffer, attempting to put an end to their lives, knowing fully well that it is contrary to law. Phyme or reason docs not enter into their minds and they suffer from phobia, that by killing them, they would achieve their object of putting an end to the sufferings of the children, little realising that suffering in its true sense, is to commence only thereafter. Phyme or reason docs not enter into their minds and they suffer from phobia, that by killing them, they would achieve their object of putting an end to the sufferings of the children, little realising that suffering in its true sense, is to commence only thereafter. These are all ways of the world and, while appreciating evidence, in a case of this nature, the Court is bound to have a broad perspective of the entire circumstances, which had led to the unfortunate event. Merely because death was gruesome one cannot rush to the conclusion that the offence is murder simpliciter or, at the same time, on unfounded or misplaced sympathy, one should not abruptly conclude, that the offence, will not amount to murder. The Court is burdened with an onerous duty, of arriving at a conclusion, on the nature of offence committed, taking in entirety the total evidence placed before it for consideration, by the prosecution and the defence. That is exactly the exercise that we intend to adopt in this appeal. After carefully examining the evidence, we can state without hesitation, that it would be idle to contend that the appellant had not thrown her children inside the well and had not further attempted to put an end to her life. The contradiction as to the time of death, pointed out by the learned Counsel, is more on the evidence, as to when exactly the dead bodies were removed or the time at which P. W. 2 left the scene. Those minor variations of an hour or so, this way or the other, cannot erase the basic fact of two children having been thrown inside the well, from which their dead bodies were recovered, shortly thereafter. We are unable to comprehend, as to who else should have been examined, apart from the independent witnesses who had gone to the scene, soon after learning about the unfortunate incident, arid putting in all their efforts, to remove the children, out of the well. There is nothing suspicious about the arrest, for, the appellant, who wanted to drown herself to death, had rushed out of the well at the last moment due to natural instinct and reflex action, that had intervened. This loaning to live, probably, was prompted, since P. W. 2 was able to escape, from a watery grave. There is nothing suspicious about the arrest, for, the appellant, who wanted to drown herself to death, had rushed out of the well at the last moment due to natural instinct and reflex action, that had intervened. This loaning to live, probably, was prompted, since P. W. 2 was able to escape, from a watery grave. It is not as though the appellant had at tempted to make herself scare from the scene of occurrence, after committing the atrocious acts. She was wracked in total despair and was unable to move out, from the place where the corpses of her children were placed. It was that unadulterated and towering love which had put the children inside the well though on untenable notions and had further made the appellant stick steadfast to the scene till she was arrested the next morning, at the same vanue, by the Investigating Officer. ( 16 ) IT is true that the First Information Report, had reached the Magistrate only on the next morning, but the same has no sinister consequence. Initially the crime was registered as suspicious death and later it was altered into one under section 302, Indian Penal Code. There is no scope for any false implication. The manner in which P. W. 8, P. W. 7 and P. W. 2 had reacted after the incident, also shows, that they were not very anxious to hound out, and handover the appellant to the police, for all of them were fully conscious that dire poverty and consequent agonising suffering was the sole cause, for the unfortunate erasure of two young lives from this world. It was, therefore, given to the village Administrative Officer to set the law in motion. In the usual course, the evidence of a juvenile is certainly scrutinised with extreme care and caution for, young minds can be tempted or coerced to depose in a particular pattern, making them believe, that speaking in such a manner was either required or that alone would reflect the truth. P. W. 2 himself was the victim and, therefore, was quite competent to speak all that his mother had done. Even while admitting that he was kept at the police station on the earlier night, before his deposition, he had clearly affirmed, that he was not tutored to speak in any particular pattern. P. W. 2 himself was the victim and, therefore, was quite competent to speak all that his mother had done. Even while admitting that he was kept at the police station on the earlier night, before his deposition, he had clearly affirmed, that he was not tutored to speak in any particular pattern. The learned Sessions Judge had also noticed the demeanour of P. W. 2 before accepting his evidence. We have, with meticulous attention, examined carefully, the evidence of P. W. 2 and we have no hesitation in accepting, that he has spoken the entire truth. That P. W. 2 has spoken the entire truth is further corroborated by the evidence of P. W. 3, who went over to the well a little later, since initially he was under the impression that P. W. 2 was playing practical joke. P. W. 3 had also seen the dead body of a girl inside the well, while the appellant had stretched herself underneath a tamarind tree. The evidence of P. W. 3 further shows, that the family of P. W. 8 found it extremely difficult to maintain itself due to executing poverty. P. W. 5 has further stated that the appellant used to starve and feed her children as and when possible. The evidence of P. W. 5 who had removed both the corpses from the well, is one another clinching link in the sequence of events, placed for scrutiny before Court, by the prosecution. P. W. 5 had also noticed the appellant underneath the tamarind tree. The evidence of P. W. 4, a cowherd is not only revealing, but confirms that the occurrence should have taken place in the manner projected by the prosecution. The appellant had made an extra judicial confession to P. W. 4 soon after the crime. She had confessed that she had not only thrown her three children inside the well but had tried to kill herself by drowning. She has further stated, that she and one child escaped drowning and Came out of the well. The extrajudicial confession made by the appellant to P. W. 1 gets corroborated by the evidence of P. W. 2 the sole ocular witness. We are unable to find any impediment in the evidence of P. W. 4. She had no motive to falsely implicate the appellant in a crime of this nature. The extrajudicial confession made by the appellant to P. W. 1 gets corroborated by the evidence of P. W. 2 the sole ocular witness. We are unable to find any impediment in the evidence of P. W. 4. She had no motive to falsely implicate the appellant in a crime of this nature. The evidence of P. W. 4 rings true and natural. The evidence of P. Ws. 2, 7 and 8 really portrays a picture of the hard life the family was leading. When starvation was a natural phenomenon in that family, it is not surprising, that such starvation led to frequent altercations between the spouses. The appellant as well as P. W. 8 appear to be fond of their children. The mother never wanted her children to starve and the father cannot tolerate even mild chastisement of the children by his wife. Both the appellant and P. W. 8. Were competing with each other in showering their love on the children. It is unfortunate that on the day prior to the occurrence, during the course of a wordy altercation, P. W. 8 had stated that if he and his children had to live happily, it could be achieved, only in her absence. P. W. 8 had stated this after referring to the object poverty. The appellant had replied, that she was unable to manage all her children. This reaction is the outcome of grievance, resulting from poverty. The agency arising out of a continuous course of life of starvation was so pricked, on the night of 5. 5. 1985 and the unkind words uttered by P. W. 8, though such words are not uncommon in the normal ways to life, led the appellant to leave the house immediately on the very night. Since she could not go anywhere else and probably the love of children magneted her, she returned on the next morning on her residence. It was then, that the incident of the earlier night, had been ceaselessly working in her mind and even on the fateful day, she could not feed her children properly. P. W. 7 has stated that he fed his younger sister, one of the deceased, with little kanji, that was available, before he left for the bus stand in the after-noon. His mother had given him bread made out of corn-floor. P. W. 7 has stated that he fed his younger sister, one of the deceased, with little kanji, that was available, before he left for the bus stand in the after-noon. His mother had given him bread made out of corn-floor. Frustration had led to the appellant taking her children to the well and throwing them inside the well, while attempting to kill herself, in the process. Realisation of her lawlessness had come in a little too late by which time, the two girls had breathed their last. The medical evidence furnished by P. W. 9 fully confirms, that both the deceased had died of asphyxia, due to drowning. The oral evidence and medical evidence fully corroborated each other, leaving no doubt whatever about the cause of death and the manner in which death had occurred. Investigation is equally blemishless. Ex. P-4 letter written by the appellant in her handwriting, and produced by P. W. 7 before the Investigating Officer, identifying the writing as that of his mother, is one more connecting link indisputably pointing out the mental make up of the appellant. Though the appellant had denied that she was the author of Ex. P4, we have no hesitation in rejecting her case. The appellant has poured out all her love for her children in this letter and further she had given such detail of the loans she had obtained from several persons with a request to repay all of them, for, after here death, she did not want to be blamed as an ungrateful soul. How the mind of the appellant should have worked from the night of 5. 5. 1985, has also been revealed in Ex. P4. She has stated that even on the night of 5. 5. 1985. She could have killed herself but her love for Kalpana and Gayatri (both deceased), made her come back to the house for she could not separate herself from them. She has further stated that only if her death could give her husband happiness, she deemed it as a privilege, by which she could satisfy her husband. ( 17 ) ON such material the only conclusion that can be arrived at is that the appellant is the offender and if is she who had killed both the deceased and attempted to murder P. W. 2 while indulging herself in putting an end to her life. ( 17 ) ON such material the only conclusion that can be arrived at is that the appellant is the offender and if is she who had killed both the deceased and attempted to murder P. W. 2 while indulging herself in putting an end to her life. ( 18 ) HAVING arrived at this conclusion, we have yet to examine the nature of offence committed by the appellant. Almost in similar circumstances, a Division Bench of this Court, analysed the law in great detail, and held that the act of the accused jumping with the children was the causative factor of the death of the children and that the actuaries was clearly established. David Annoussamy, J speaking on behalf of the Division Bench in Suyanbukkani v. State of Tamil Nadu1 observed as follows:in fact, the circumstances of the case are very peculiar to India. Almost every week one can read in the Newspaper the sad story of a mother committing suicide along with her children. It looks as if the mother, as a corollary to her duty to nurse the children considers it as a duty not to abandon her progeny. When she had decided to meet death she hardly reconciles with the idea of dying leaving the children behind. The learned Judge further stated, that usually the unfortunate mother succeeds fully, in her attempt, and the matter does not read the Court but in tare cases where Courts are seized with such a problem a decision had to be taken as to the true nature of the offence committed by the mother, who continues to survive though against her will. ( 19 ) AS in that case, the appellant was more concerned with the suffering of her children than the misery to which she was herself subjected to along with her husband. The father of the deceased (P. W. 8) though cannot be stated to be indifferent, was unable to get out of the clutches of poverty. It appears, the appellant got persuaded, that if she had put an end to her life, as she had planned on the earlier night, children will be uncared for and would suffer innumerable torments which idea she could not get herself reconciled to. As observed by David Annoussamy, JT so it is after draining the cup of sorrow to the drugs that she decided to follow the Nallathangals way. As observed by David Annoussamy, JT so it is after draining the cup of sorrow to the drugs that she decided to follow the Nallathangals way. ( 20 ) POVERTY is woven into the social fabric of our day to-day life. Since poverty is so intermingled, is parents are given the right to put an end to the lives of their children on that score, no decent society can exist. Parents cannot claim that since they had given life, they have right to take it away. The Society expects that citizens, however ill placed they may be, should always make an endeavour to survive. It will be too odd to consider. an offence of this nature, on the circumstances unfurled in this case, as the most heinous crime of murder, dealing with the most dangerous activities to the society and the authors of which could be exterminated by the imposition of sentence of death. As rightly observed by the Division Bench, in fact, it would be incongruous to impose the sentence of death on a person who had attempted to commit suicide and who somehow or other was saved therefrom. We agree with the observations of the Division Bench that the extreme course of family suicide, the mother along with her children, is an excusing circumstance, equivalent to those enumerated in the exceptions to section 300, I. P. C. and will be, therefore, in the nature of an exception, when the mother escapes and children die, bringing the offence to one punishable under section 304, Part I Indian Penal Code. Nature of offence, will always have to be decided, on the peculiar facts available in each case. In that view, we set aside the conviction and sentence imposed on the appellant under section 302 and instead find her guilty under section 304 Part I,. Indian Penal Code. ( 21 ) THE appellant has been in jail from the date of arrest (7. 5. 1985) and was not released on bail even during trial. Thus she has served six years and nine months imprisonment. We are satisfied that the period already undergone by the appellant in jail would be sufficient to meet the ends of justice for the ultered conviction, recorded by us. ( 22 ) EVEN after a decision, on the nature of offence was arrived at by us on 31. 1. Thus she has served six years and nine months imprisonment. We are satisfied that the period already undergone by the appellant in jail would be sufficient to meet the ends of justice for the ultered conviction, recorded by us. ( 22 ) EVEN after a decision, on the nature of offence was arrived at by us on 31. 1. 1992, we were very anxious, that on release from prison, the appellant should not be neglected by the members of her family for then, she would be impelled over-again, to put an end to her life. We were anxious to find out, if the husband of the appellant and her children really had affection towards her and would take her back in the family fold. In the unlikely event of such family reunion, we were anxious to find out, if the appellant could be sent to some Home sponsored by the State Government, where she could peacefully spend the rest of her life. We directed the Superintendent of Central Jail for women Vellore to produce the appellant before us today. We also directed the investigating Officer to ensure the presence of P. Ws. 2, 7 and 8 before us the morning. All of them went present in Court today. P. W. 8 is not working anymore in a hotel. He has joined his son P. W. 7 Suresh Kumar in vending raffle tickets. Both of them jointly earn between Rs. 20/- and Rs. 30/-a day. P. W. 2, a young boy who escaped death, is also working in a shop and earning a small salary, which probably would suffice to maintain himself. The appellant frankly stated, that not only her husband, but her children as well, were periodically visiting her at the Central Prison, Vellore. Neither the appellant nor her husband, had any other animosity between themselves, except the quarrels, which used to arise, solely due to poverty. Even to-day each of them claim, continued affection for the other. Though it cannot be said, that the financial position of P. W. 8 is out of woods, it is clear, that it is possible for him to lead a better life with his wife, than what had existed in 1985. The children are equally affectionate and would like to embrace their mother in the family fold. Though it cannot be said, that the financial position of P. W. 8 is out of woods, it is clear, that it is possible for him to lead a better life with his wife, than what had existed in 1985. The children are equally affectionate and would like to embrace their mother in the family fold. Having regard to the human problem which has ultimately ended in-re-union of the family, we do not find any need for the appellant to be taken back to the Central Prison for Women, Vellore over again. She can join her husband and children straight from this Court hall, to lead as much of a comfortable life as is possible, within the present means. The appellant is set free and the appeal is disposed of accordingly. Appeal partly allowed.