JUDGMENT : M. Sathyanarayanan, J. 1. The appellant is the sole accused in SC.No.44 of 2015 on the file of the learned Sessions Judge, No.II, Kanchipuram and she stood charged and tried for the commission of the offences under sections 302 (3 counts) and 309 IPC. The Trial Court, vide impugned Judgment dated 05.07.2016, convicted her for the commission of the offences under sections 302 [3 counts] and 309 of IPC and awarded her the sentence of rigorous imprisonment for life on each count under Section 302 IPC and also imposed a fine of Rs.1,000/- on each count and in default, to undergo six months rigorous imprisonment and 6 months simple imprisonment for the offence under Section 309 IPC. The Trial Court ordered the sentences to run concurrently and has also granted set-off under section 428 Cr.P.C., for the period of incarceration undergone by the appellant/accused during investigation/trial. 2. The sole accused/appellant, aggrieved by the conviction and sentence awarded by the Trial Court, vide impugned Judgment dated 05.07.2016, has preferred the present criminal appeal. 3. The facts leading to the filing of this Criminal Appeal, briefly narrated and relevant for the disposal of this appeal, are as follows: 3.1. The appellant/accused is the mother of three children viz., Yasmin, aged 1 = years, Isarath, aged 2 = years and Thakirullah, aged 5 years. She got married to Ismail and out of the wedlock, she got three children. The appellant/accused was deserted by her husband and subsequently developed relationship with one Arul and he suspected the fidelity of the appellant/accused and unable to bear the same, she developed distaste towards her life. The appellant/accused took her three children to the open Well of one Kasthuri, situated in Survey No.462/3 of Kuppaiyanallur Village and after throwing the three children in the Well, she also jumped for the purpose of committing suicide. 3.2. P.W.1, was the Village Administrative Officer of Neeradi Village during the year 2013 and while he was in Office, on receiving an information at about 03.15 p.m on 20.05.2013 that the appellant/accused, after throwing her three children also attempted to commit suicide, he went to the spot and he found the appellant/accused was sitting near the Well and two children were nearby her legs and she was weeping and one child was inside the Well and it was dead. P.W.1 proceeded to Uthirimerur Police Station and lodged a complaint to the Station House Officer under Ex.P.1. 3.3. P.W.10 was the Station House Officer and upon receipt of the complaint given by P.W.1, registered a case in Crime No.176 of 2013 for the commission of offence under Section 302 IPC at about 16.00 hours and took up the investigation. P.W.10 forwarded the original complaint Ex.P.1 and F.I.R. to the jurisdictional Magistrate. The printed F.I.R was marked as Ex.P.2. P.W.10 proceeded to the scene of occurrence at about 16.30 hours and in the presence of Naveenkumar P.W.2 and Rajeshkumar, prepared the Observation Mahazaar and Rough Sketch, marked as Exs.P5 and P.13 respectively. P.W.10, at the scene of occurrence, has recorded the statement of P.W.1, P.W.2, Rajeshkumar, P.W.7 and P.W.8 under Section 161(3) Cr.P.C and thereafter sent the three dead bodies of the children along with the injured appellant/accused through Ambulance to the Chengalpet Government Medical College Hospital for treatment and they were accompanied by police constable Nos.1251 and 1591. P.W.10 also sent guard to watch the injured appellant/ accused. 3.4. P.W.10, on the next day on 21.05.2013, between 6.30 a.m. and 8.30 a.m. conducted inquest on the dead body of three children in the presence of the Panchayatdars and prepared Inquest Reports, marked as Exs.P.14 to P.16. Thereafter, for the purpose of ascertaining the cause of death of three children, P.W.10 submitted a request for conducting postmortem. 3.5. P.W.9 Doctor Parasakthi, who was Police Surgeon and Professor, Department of Forensic Science, Chengalpet Medical College, Chengalpet, on receipt of three bodies of children, commenced Postmortem. 3.6. P.W.9 commenced postmortem on the dead body of the child D1-Thakirullah at about 12.30 a.m. on 21.05.2013 and noted the rigorous marks and also noted the following features:- “Appearance found at the Post mortem On the moderately nourished body of a male, cornea hazy pupils dilated, conjunctive suffused and congested, small petechial hemorrhages seen in the conjunctive of the lower eye lids. Face bloated and cyantoic. Mucous membranes of mouth, lips and tongue were cyanosed. Mucous froths continuously exude from the mouth and nostrils. Nil external or internal or bony injuries seen anywhere on the body. Other Findings Brain : Surface vessels congested and full on cut section-congested. Edematous and petechial hemorrhages seen, scalp, valut, base, and dura of skull bone were intact-NAD. Mucous membranes of mouth, lips and tongue were cyanosed. Mucous froths continuously exude from the mouth and nostrils. Nil external or internal or bony injuries seen anywhere on the body. Other Findings Brain : Surface vessels congested and full on cut section-congested. Edematous and petechial hemorrhages seen, scalp, valut, base, and dura of skull bone were intact-NAD. HYOID BONE: Intact LARYNX AND TRACHEA: Contained dust, muds, sand particles and mucous froths. Mucosa congested. All vital midline structures of neck were intact-NAD LUNGS: edematous voluminous and ballooned out appearances. On cut section congested. Edematous and exudes copious amount of blood stains mucous froths. HEART: Normal size, great vessels normal, coronary vessels patent. All chambers contained fluid blood. STOMACH: Contained 150ml of partly digested food particles. No specific characteristic smell perceived. Mucous congested. SMALL INTESTINE: Contained 50ml of bile stained fluid. No specific characteristic smell perceived. Mucous congested. LARGE INTENSTINE: Distended with gas liver, spleen and kidneys on cut section-pale. BLADDER: Empty. Vertebral column and spinal cord intact-NAD. And all other internal organs on cut section found pale. Viscera preserved and sent for chemical analysis. After the conclusion of the Postmortem, P.W.9 issued the Postmortem Certificate under Ex.P.6, wherein she had opined that the deceased would appear to have died of Asphyxia due to drowning. 3.8 P.W.9 conducted Postmortem on the body of the child Isarath D2 at about 12.40 p.m. on 21.05.2013 and noted the following features:- “Appearance found at the Post mortem On the moderately nourished body of a female child, cornea hazy pupils dilated, conjunctive suffused and congested, small petechial hemorrhages seen in the conjunctive of the lower eye lids. Face bloated and cyantoic. Mucous membranes of mouth, lips and tongue were cyanosed. Mucous froths continuously exude from the mouth and nostrils. Nil external or internal or bony injuries seen anywhere on the body. Other Findings Brain : Surface vessels congested and full on cut section-congested. Edematous and petechial hemorrhages seen, scalp, valut, base, and dura of skull bone were intact-NAD. HYOID BONE: Intact LARYNX AND TRACHEA: Contained dust, muds, sand particles and mucous froths. Mucosa congested. All vital midline structures of neck were intact-NAD LUNGS: edematous voluminous and ballooned out appearances. On cut section congested. Edematous and exudes copious amount of blood stains mucous froths. HEART: Normal size, great vessels normal, coronary vessels patent. All chambers contained fluid blood. STOMACH: Contained 150ml of partly digested food particles. Mucosa congested. All vital midline structures of neck were intact-NAD LUNGS: edematous voluminous and ballooned out appearances. On cut section congested. Edematous and exudes copious amount of blood stains mucous froths. HEART: Normal size, great vessels normal, coronary vessels patent. All chambers contained fluid blood. STOMACH: Contained 150ml of partly digested food particles. No specific characteristic smell perceived. Mucous congested. SMALL INTESTINE: Contained 50ml of bile stained fluid. No specific characteristic smell perceived. Mucous congested. LARGE INTENSTINE: Distended with gas liver, spleen and kidneys on cut section-pale. BLADDER: Empty. Vertebral column and spinal cord intact-NAD. And all other internal organs on cut section found pale. Viscera preserved and sent for chemical analysis. After the conclusion of the Postmortem, she had issued Ex.P.7-the Postmortem Certificate of the deceased D2-Isarath, wherein she had opined that the deceased would appear to have died of Asphyxia due to drowning. 3.9 P.W.9 conducted postmortem on the body of the child D3-Yasmin at about 12.50 p.m. on 21.05.2013 and noted the following features. “Appearance found at the Post mortem On the moderately nourished body of a female child, cornea hazy pupils dilated, conjunctive suffused and congested, small petechial hemorrhages seen in the conjunctive of the lower eye lids. Face bloated and cyantoic. Mucous membranes of mouth, lips and tongue were cyanosed. Mucous froths continuously exude from the mouth and nostrils. Nil external or internal or bony injuries seen anywhere on the body. Other Findings Brain : Surface vessels congested and full on cut section-congested. Edematous and petechial hemorrhages seen, scalp, valut, base, and dura of skull bone were intact-NAD. HYOID BONE: Intact LARYNX AND TRACHEA: Contained dust, muds, sand particles and mucous froths. Mucosa congested. All vital midline structures of neck were intact-NAD LUNGS: edematous voluminous and ballooned out appearances. On cut section congested. Edematous and exudes copious amount of blood stains mucous froths. HEART: Normal size, great vessels normal, coronary vessels patent. All chambers contained fluid blood. STOMACH: Contained 150ml of partly digested food particles. No specific characteristic smell perceived. Mucous congested. SMALL INTESTINE: Contained 50ml of bile stained fluid. No specific characteristic smell perceived. Mucous congested. LARGE INTENSTINE: Distended with gas liver, spleen and kidneys on cut section-pale. BLADDER: Empty. Vertebral column and spinal cord intact-NAD. And all other internal organs on cut section found pale. Viscera preserved and sent for chemical analysis”. No specific characteristic smell perceived. Mucous congested. SMALL INTESTINE: Contained 50ml of bile stained fluid. No specific characteristic smell perceived. Mucous congested. LARGE INTENSTINE: Distended with gas liver, spleen and kidneys on cut section-pale. BLADDER: Empty. Vertebral column and spinal cord intact-NAD. And all other internal organs on cut section found pale. Viscera preserved and sent for chemical analysis”. After the conclusion of the Postmortem, she had issued Ex.P.8-the Postmortem Certificate of the deceased D3-Yasmin, wherein she had opined that the deceased would appear to have died of Asphyxia due to drowning. 3.10 P.W.10 continued with the investigation and after collecting the inner parts of the bodies of the children had sent it for chemical analysis. The injured appellant/accused was discharged on 24.05.2013 and she was arrested on that day at about 06.00 p.m. and at about 07.00 p.m. in the police station, she voluntarily came forward to give the confession statement. The admissible portion of the confession statement was marked as Ex.P.3. Since it was night hours on 24.05.2013, she was taken to the scene of occurrence at about 07.00 a.m. on 25.05.2013 and as per the admissible portion of the confession statement, M.Os.1 to 10, clothes worn by the deceased children as well as by the appellant/accused were recovered under the cover of Mahazaar Ex.P.4. 3.11. P.W.10, on 18.01.2014, examined and recorded the statements of P.W.9 Doctor who conducted autopsy, R. Mohan and also the Constable who took the inner parts of the body for chemical analysis. 3.12. P.W.10, on his transfer, handed over the investigation to one Mr. Kumar, who took up the investigation and he examined Mohan, Scientific Officer attached to the Forensic Lab and submitted a requisition for altering the Sections and it was thereafter altered as Sections 302 and 309 of IPC and the alteration report was marked as Ex.P.17. The said officer, after obtaining the opinion of the Joint Director of Prosecution, Kancheepuram, has filed the final report/charge sheet, charging the appellant/accused for the commission of offences under Sections 302 and 309 IPC before the Court of District Munsif cum Judicial Magistrate, Uthiramerur. 3.13. The said officer, after obtaining the opinion of the Joint Director of Prosecution, Kancheepuram, has filed the final report/charge sheet, charging the appellant/accused for the commission of offences under Sections 302 and 309 IPC before the Court of District Munsif cum Judicial Magistrate, Uthiramerur. 3.13. The Court of District Munsif cum Judicial Magistrate, Uthiramerur, has taken the charge sheet on file in PRC No.4/2014, issued summons to the accused and on her appearance, furnished her the copies of the charge sheet and the documents u/s.207 Cr.P.C. and having found that the case is exclusively to be tried by the Sessions Court, committed the same to the Court of District Judge No.II, Kancheepuram u/s.209 Cr.P.C. The District Judge No.II, Kancheepuram, took it on file in S.C.No.44 of 2015. 3.14. The trial Court had issued summons to the accused and on her appearance, framed charges under Sections 302 and 309 of IPC. The appellant/accused pleaded not guilty of the charges framed against her. 3.15. The prosecution, in order to sustain their case, examined P.Ws.1 to 10 and marked Exs.P.1 to 17 as well as M.Os.1 to 10. 3.16. The appellant/accused was questioned under section 313[1][B] Cr.P.C., with regard to the incriminating circumstances made out against her in the evidences rendered by the prosecution and she denied it as false. On behalf of the appellant/accused, no oral evidence was let in and no documents were marked. 3.17. The Trial Court, on consideration and appreciation of the oral and documentary evidences and other materials, has convicted and sentenced the appellant/accused as stated above and challenging the said conviction and sentence, the present appeal is filed. 4. Mr. Senthil Kumar, learned counsel appearing for the appellant/accused made the following submissions:-. P.W.1. in his evidence had stated that on receipt of the information through mobile phone from general public, he went to the scene of occurrence and found that the appellant/accused was sitting on the side of the Well and that two children were lying near her and one child was found dead inside the well. Admittedly, the general public, said to have given telephonic information to P.W.1, have not been examined at all. Admittedly, the general public, said to have given telephonic information to P.W.1, have not been examined at all. The said portion of the evidence of P.W.1 is quite contrary to the testimonies of P.Ws.7 and P.W.8, who would state that on hearing the alarm raised by the general public, rushed to the spot and they found that the appellant/accused and the three children were inside the Well and they rescued them and brought them up. In the light of said discrepancy, the testimonies of P.Ws.1, 7 and 8 cannot be believed at all. Though, the prosecution alleged that the appellant being a married woman, has been deserted by her husband and she had developed an intimacy with Arul, the said person has not been examined by the prosecution during the course of investigation and as such the motive aspect has not been proved by the prosecution. Lastly, it is submitted by the learned counsel for the appellant/accused, that the case of the prosecution rests upon circumstantial evidence and it is their bounden duty to establish the chain of circumstances without any missing link and since her case bristles with very many infirmities and inconsistencies and further that the chain of circumstances is not complete, the Trial Court ought not to have ordered conviction against the accused. Alternatively, it is pleaded by the learned counsel for the appellant/accused that even as per the version of the prosecution, she was deserted by her husband and she found solace in the company of Arul, who also drove her out suspecting her fidelity and developing a distaste towards her life, she has attempted to commit suicide and fearing that after she loses her life, her three children would become orphans, took a decision to throw them into the Well and she also jumped into the Well and in the light of the said circumstances, sympathic consideration may be shown to her and therefore, prayed for alteration of conviction and sentence. 5. Per contra, Mr. Ravindran, learned Government Advocate (Crl. Side) drawing the attention of this Court to the oral and documentary evidence and other materials would submit that admittedly the three children were with the appellant/accused, at the relevant point of time and therefore she is bound to explain as to how all of them were found inside the Well and she has failed to explain the same. Side) drawing the attention of this Court to the oral and documentary evidence and other materials would submit that admittedly the three children were with the appellant/accused, at the relevant point of time and therefore she is bound to explain as to how all of them were found inside the Well and she has failed to explain the same. It is further submitted by the learned Government Advocate that once the appellant/accused had denied all the circumstances, it is an additional link in the chain of circumstances and the prosecution through the evidence let in had linked the chain of circumstances to connect the appellant/accused to the commission of crime. The trial Court on a proper consideration and appreciation of oral and documentary evidence, had rightly convicted and sentenced her and therefore, this Court may not interfere either with the conviction and sentence or alter the conviction and sentence. 6. This Court paid its anxious consideration and best attention to the submissions made by the learned counsel appearing for the appellant/accused and the learned Government Advocate (Crl. Side) appearing for the State. 7. The following questions arise for consideration in this Criminal Appeal. (i) Whether the prosecution was able to prove the chain of circumstances connecting the accused to the commission of offences under Sections 302 and 309 of IPC and (ii) whether the reasons assigned by the trial Court for imposing the conviction and sentence on appellant/accused for the commission of the said offences are sustained. 8. It is not in dispute that the appellant/accused is the mother of three children namely, Yasmin, Isarath and Thakirullah. The appellant/accused has also not seriously disputed that she was married to one Ismail and out of their wed lock, the above said three children were born and she was deserted by her husband and thereafter, she was under the care and protection of Arul, who suspected her fidelity and also drove her out. The appellant/accused on account of the above said tragic events and circumstances, developed distaste towards her life and therefore, took a decision, may be, in a spur of the moment, to take away her own life and fearing that in the event of her demise, her three children would become orphans, decided to take away their life and accordingly threw them in the Well in Survey No.462/3 belonging to one Kasthuri and thereafter, she jumped inside the Well. 9. 9. P.W.7 is eking out his livelihood as a shepherd. On 20.05.2013 at about 03.00 p.m., he heard a sound/alarm raised by persons who were standing around the Well and he and P.W.8 went there and found that the appellant/accused along with three children was inside the Well and both of them had rescued the appellant/ accused as well as the three children and the appellant/accused alone survived and the three children died. 10. The said testimony of P.W.7 has been amply corroborated by P.W.8 and all material particulars. Therefore, the prosecution was able to establish that the appellant/accused threw her three children and thereafter, she jumped into the Well for the purpose of committing suicide. Unfortunately, the three children of hers died and she alone survived. 11. P.W.1, on receipt of information through mobile phone from the general public went to the spot and found that the appellant/accused was found near the Well weeping and two of her children were lying near her legs and one child was found inside the Well. Though the learned counsel for appearing for the appellant made strenuous efforts in trying to convince the Court with regard to the two children found near the Well and one child found inside the Well that there is a discrepancy between the testimony of P.W.1 on the one side and P.Ws.7 and 8 on the other side, however, in the considered opinion of this Court, it is only a trivial discrepancy and has not affected the core of the prosecution case. 12. As already pointed out, the appellant/accused did not dispute that the three children were with her at the relevant point of time and therefore, she is bound to explain as to how she along with her children were found inside the Well. A scrutiny and consideration of the testimonies of witnesses would also disclose no suggestion has been put in that regard and the only suggestion was that the case has been foisted upon. The appellant was also afforded an opportunity to explain the circumstances which are made out against her by the prosecution in the evidence tendered by them by examining her under Section 313(1)(B) of Cr.P.C. Unfortunately she has failed to offer any explanation as to the said incident. 13. The appellant was also afforded an opportunity to explain the circumstances which are made out against her by the prosecution in the evidence tendered by them by examining her under Section 313(1)(B) of Cr.P.C. Unfortunately she has failed to offer any explanation as to the said incident. 13. It is well settled position of law that with regard to the chain of circumstances made out against the accused, if the accused denies the same, it is an additional link in the chain of circumstances to sustain the charge framed against the accused. 14. The scientific evidence in the form of Postmortem reports marked as Exs.P.14 to P.16 prepared by P.W.9 coupled with her own oral testimony would also disclose the fact that the three children of the appellant/accused died of asphyxia due to drowning. The viscera reports Exs.P9 to P11 would also indicate that no poisonous substances were noted by the Scientific Officer. In the considered opinion of this Court, the prosecution was able to establish and complete the chain of circumstances against the appellant/accused, and there was, by no means, any missing link. 15. This Court has also considered the alternative plea made by the learned counsel for the appellant/accused for alteration of conviction and reduction in sentence. 16. No doubt, the appellant/accused was deserted by her husband along with her three children and she found solace in the company of one Arul, who also suspected her fidelity and threw her out. Thus on the date of the incident, the appellant was in penury and she and her children did not have any support and were facing destitution and developing distaste on account of the above said tragic circumstances, she was forced to take such an extreme step. It also appears the act on the part of the appellant/accused to do away with the life of her children and her subsequent attempt to take away her own life is not pre-meditative, but only out of desperation. Therefore, this Court is of the considered view that it may be a fit case for granting remission of sentence. However, it is for the State to take a call on the representation made by the appellant/accused, in this regard. 17. Therefore, this Court is of the considered view that it may be a fit case for granting remission of sentence. However, it is for the State to take a call on the representation made by the appellant/accused, in this regard. 17. In the light of the reasons assigned above, question No.1 is answered in favour of State/Prosecution and regarding question No.2, the Trial Court, on proper consideration of oral and documentary evidence, reached the conclusion to convict and sentence the appellant and this Court finds no infirmity in the impugned judgment. 18. In the result, the Criminal Appeal is dismissed, confirming the conviction and sentence awarded in SC.No.44/2015 on the file of the learned Sessions Judge No.II, Kancheepuram, Kancheepuram District. It is made clear that dehors the dismissal of the appeal, it is open to the appellant/accused to submit a representation to the State Government for remission of sentence and when such a representation is received, the State Government is directed to consider the same in the light of the above observations made by this Court, on merits and in accordance with law, as expeditiously as possible.