Attempt to murder could not be materialized due to intervening circumstances.

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. The evidence makes it clear that they had tied themselves together with a rope, before jumping into this well.

Rajagopal (P.W. 1) was passing that way, and heard a sound from the well, and peeped into it. He saw the two accused inside the well, apparently spasmodically struggling for life. He jumped into the well, and, while in the water, was able to get at the rope that had bound these unfortunate people together. He pulled the rope, and swam towards the steps leading into the well. By this means he was able to drag both accused 1 and accused 2 towards the steps. The wife. (Accused 2) was somewhat unconscious, and P.W. 1 had to carry her out of the well The husband (Accused 1) was sufficiently restored to be able to climb up the steps. He (P.W. 1) questioned accused 1 who told him that, finding no work and unable to bear the pangs of hunger, both the accused had determined to put an end to their lives, and jumped into the well with the child. P.W. 1 states:-

“ He (A-1) also told me that they placed their child in their hands and jumped into the well and in that act the child fell into the well.”

This extra-judicial confession is of significance in determining the precise nature of the offence committed by the two accused.

Rajagopal (P.W. 1) then went and informed his father, the Village Munsif (P.W. 3). Accused 2 was still a little unconscious, even when P.W. 3 came to the spot. When P.W. 3 questioned the husband (Accused 1), he repeated the extrajudicial confession set forth above. P.W. 3 then sent his yadasts to the Police and Magistracy (Exhibits P-2, P-3). The Police came in the evening, but the body of the infant could not be traced, as the well was very deep. Actually, a Fire Engine was brought the next day, and the water was baled out, when alone the body of the infant floated to the surface and could be recovered.

The autopsy held by Dr. Gopala Goundar (P.W. 2) leaves us in no doubt that the child was drowned, and that death was the consequence of asphyxia due to drowning (Exhibit P-1). The classical signs and symptoms of both asphyxia and drowning were present, such as water in the stomach, palms and soles presenting a sodden appearance, lividity of mucosa, chambers of the heart empty, injected with blood smears, etc.

It only remains to add that both the accused made confessions judicially recorded by the Sub-Magistrate (J) of Arkonam (Exhibits P-4 and P-5). Accused 1 admitted the facts set out above, and stated “ The child slipped out of the hand, and drowned in the well.” Accused 2 admitted that both of them tied themselves with a rope, and jumped into the well with the child, in order to put an end to the lives of all the three. The child was drowned in the well.

In the Committal Court, both the accused merely admitted the facts, and stated th