NAGARATHINAM Vs. STATE

JUDGEMENT

(1.) Leave granted.

(2.) The present Appeal is directed against the Final Judgment and Order dtd. 5/8/2019 (hereinafter referred to as the "Impugned Judgment") passed by the Madurai Bench of the Madras High Court partly allowing Criminal Appeal (MD) No. 186 of 2019 (hereinafter referred to as the "High Court") filed by the Appellant.

(3.) The Appellant is stated to have had an affair with one Suresh, who used to threaten her often. This led her to take the decision to commit suicide along with her children. Pursuant to her decision to adopt such a course of action, she bought pesticides meant for plants and administered poison to her two children, twins named Ramar and Laxmanan. Thereafter, when the appellant poured the pesticide in a tumbler to consume it herself, her niece pushed it down. However, unfortunately, the two children were declared dead on arrival in the hospital leading to the institution of FIR No.115 of 2003 dtd. 28/3/2003 at Sempatty Police Station under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC").