This appellant, Parvathi Ammal, has been convicted by the learned Additional Sessions Judge of Ramanathapuram Division at Madurai, of offences under sections 302, Indian Penal Code (three counts) and 309, Indian Penal Code and sentenced to undergo imprisonment for life upon the charge of murder and simple imprisonent for six months under section 309, Indian Penal Code, the sentences to run concurrently. Further, the learned Judge has made a recommendation under section 401, Criminal Procedure Code, that the Government might be pleased to commute the sentence to rigorous imprisonment for three years

The facts are very clearly established in evidence, and have throughout been admitted by he accused. The accused was married to one Sevugan (P.W. 1) as his third wife, and these people were residing at Sillampatti Village in Tirupattur Taluk. The accused and Sevugan (P.W. 1) had four children, of which the eldest was a daughter named Chinthamani, and the others were respectively a daughter Chittu (aged 5), a daughter Papal (aged 3) and a boy (aged 1½). The evidence, shows that about 10 years previous to these offences, the earning member of the family (P.W. 1) was disabled by dacoits, while sleeping at his sheep pen. The result: of this accident was that the entire burden of supporting this family fell on the accused. The evidence very clearly proves that these people were in strained circumstances, and the accused seems to have suffered from fits of depression or mental confusion off and on. On 2nd November, 1958, when Sevugan (P.W. 1) left the house at about 9 a.m. to proceed to a shandi, the accused and her children were taking their food. But before leaving the house, P.W. 1 asked the eldest daughter, Chinthamani, to proceed elsewhere, and she was not in the house when the tragedy actually occurred.

The rest of the evidence relating to these offences is given by certain neighbours who live in this locality. Thus, Chellammal (P.W. 2) states that there is a well in the land of one Mayalagu in the village, which has a parapet wall of about one foot in height. P.W. 2 heard some cries from this well, at a distance of about 10 to 12 feet from the well, and peeping inside found the accused and the two children Pappal and Chelliah, struggling in the water. She raised an alarm, and Subbiah (P.W. 3) came to the rescue, as well as Palani (P.W. 6), a villager residing about two furlongs from this village in another village. These persons used a spade, and first lifted up one of the children, namely, the boy Chelliah. P.W. 6 and another villager took Pappal out of the well in the same way, and finally the accused was rescued. All the three victims were alive, but unconscious. An attempt was made to revive them by putting them on a cart wheel and rotating the wheel. Finally, they were able to revive the accused to consciousness. But the two children’ Pappal and Chelliah, succumbed in spite of the best efforts of these villagers at restoration.

P.W. 1 returned from the shandi that evening, and learnt of the tragedy. The other daughter, Chintamani, was also missing, and her dead body was taken out of the well only the next day, when it floated to the surface. The first report given by P.W. 1(Exhibit P-1) was recorded by P.W. 9, the village Headman of Nedumaram Village. Investigation followed upon his yadast. The subsequent facts of investigation are not of great importance in this case. But the evidence clearly proves that all the three children died of asphyxia due to drowning, and this is spoken to by Dr. Barkathullah (P.W. 4), the Civil Assistant Surgeon at Tiruppattur, who held the autopsies.

The accused has throughout made a clean breast of her guilt, and a judicial confession was also recorded from her by the Sub-Magistrate, Karaikudi (P.W. 5). In her statement in the committal Court (Exhibit P-13), the accused stated that she tried to end her life, and to drown her three children, on account of poverty and ill-health. In