ISSUE:
Whether the appellant in committing the murder of her children had the knowledge that her act was so dangerous, as to cause in all probability, the death of her children and further whether her act was ‘without any excuse for incurring the risk of causing death or such bodily injury as aforesaid” as to amount to murder under Section 302?
Whether, in jumping into the well with her children, she committed the act of suicide under Section 309?
RULE:
If the evil can be avoided without doing the act, then there can be no valid justification for doing the act which is so imminently dangerous that it must, in all probability, cause death or such injury as is likely to cause death.