Krishnaswami Ayyangar, J.

1. The accused in this case has been charged with having committed the offence of murder by intentionally causing the death of her new born infant by drowning it in a Corporation syphon (cess-pool) on or about 9th April 1940 at Madras. The facts, deposed to by the witnesses called for the prosecution may be briefly summarised as follows:

The accused is a widow with six children living at No. 16, Bhashyakaralu Naidu Street, George Town, Madras. She was keeping a botol-nut shop in No. 51, Krishnappa Naicken Agraharam, George Town. On the morning of 10th April last at about 10 A.M. Madurai Naicker, P.W. 1, living in No. 30, Bhashyakaralu Naidu Street, found that the drain in his court-yard was obstructed. He went out to tho street and examined the syphon in front of his house to find out what the cause of obstruction was. He removed the cement lid and then removed the iron bucket in the syphon; and when he looked in, he found first, five fingers of the palm of the left hand of a dead child and then he noticed also the head. He went to the police station at the Seven Wells almost immediately and reported to the head constable present at the police statio