These are connected criminal appeals by Velu (Accused No. 1) and Maragatham alias Lakshmi (Accused No. 2) in Sessions Case No. 8 of 1959 on the file of the learned Sessions Judge of Vellore. The two accused, who are husband and wife, having been convicted of the murder of their female infant, Rani, aged about 1½ months under section 302, Indian Penal Code read with section 34, Indian Penal Code, and sentenced to undergo imprisonment for life in each case. They were further each convicted of the offence of attempt to commit suicide (section 309, Indian Penal Code), and each sentenced to undergo simple imprisonment for six months; the sentences to run concurrently.

The facts are simple and tragic, and not in dispute. The two accused were starving for about ten days previous to this offence, and could find neither work nor any one to give them food. They determined to put an end to their lives, and also to put an end to the life of their female infant, Rani, probably feeling that none could look to the child after them. On 7th January, 1959 at about 5-30 a.m. they proceeded to a well in their village, Narayanakuppam, and jumped into it, carrying the female infant.