the sentence was commuted to one of rigorous
imprisonment for 10 years by the Government.
The drug the peon was addicted to was ganja,
and this was the only occasion on which he was
known to have broken out into the fit of madness.
The Sessions Court judgment is submitted
herewith.
54. Lambadis are said to fortify themselves
with ganja before committing dacoities.
55. I have never heard criminals inducing
their victims to partake of hemp drugs to further
their designs. The use of dhatura for this pur-
pose is of course well known. I am not aware
whether hemp drugs produce complete stupe
fac-tion without admixture.
Appendix to COLONEL CHRYSTIE'S
evidence.
IN THE COURT OF SESSION OF THE BELLARY
DIVISION.
The 4th day of February 1891.
SESSION CASE No. 7 OF 1891.
Preliminary Enquiry No. 1 of 1890, on the file of the
Sheristadar and 2nd Class Magistrate of Anantapur.
No. Name of
accused.
Father's
name.
Caste or
Race.
Occupa-
tion.
Resi-
dence.
Ag e .
1
Shaik
Hussain.
Fakhru d - d i n Maho-
medan.
Dala-
yet.
Penu-
konda.
30
Date of
Judgment.
1 Occurrence . 1 12 90 Queen Empress of India
2 Complaint . 1 12 90
versus
3 Arrest or appear-
ance . 2 12 90
Shaik Hussain.
Offence . Murder under
4 Commencement
of trial . 4 2 91
section 302, I.P.C.
Plea . not guilty.
5 Close of trial . 4 2 91
Opinion of assessors guilty.
6 Explanation of
d e l a y .
Finding of Court . guilty.
Sentence . transportation
for life.
The facts of this case are hardly in dispute.
Shaik Hussain's plea is that he beat out the brains
of a pig and not of a man. The evidence of Irisha
Ali and his own statement show that he on the
morning of the 1st December, about noon, was
smoking bhang in a makan in Anantapur. That
he lost his temper after smoking it, and spit at
and abused some children who were playing there.
Irisha Ali left him there.
2. About one o'clock Sadruddin, Shamsuddin,
Honnur Sahib and Fakeerugadu (1st, 2nd, 3rd,
and 4th prosecution witnesses), who were working
on the new railway where it crosses the road to
Bellary, saw him beat an old man, proved to be
Dade Sahib, to death with a heavy stick, and
pass along the road towards Bellary. The first
two witnesses saw him coming along the road
behind the old man, fell him with the first blow
and then beat out his brains. They were afraid
to interfere. They are three of them little more
than boys in strength, and the fourth is an old
man. As soon as he passed on they sent word
to the Police.
3. He was followed by five constables, and
secured after a struggle, evidently in a state of
violent madness, from which he appears to have
been still suffering when brought to the hospital.
The medical evidence shows that he was suffering
apparently from some intoxicant, and that he did
not altogether move for some days.
4. His defence is that he beat out the brains
of a black pig, and not of a man. The evidence is
conclusive that he did beat out the brains of Dade
Sahib.
vol. vi.
257
5. It is certain that he did it while in a state of
madness brought on by smoking bhang. This is
no defence to a criminal charge, and : he must
therefore be convicted of murder.
6. He has been employed as a dalayet in the
Head Assistant Collector's Office, and may be
presumed to have been a respectable inoffensive
man until now. I think that I may justly
distinguish a murder committed in these circum
-stances from a murder committed with delibera
-tion, and with real intention, and need not pass a
sentence of death.
7. The Court concurring with the Assessors
finds that Shaik Hussain is guilty of murder
punishable under section 302, I. P. C., and
sentences him to be transported for life.
IN THE HIGH COURT OF JUDICATURE AT
MADRAS.
THURSDAY, THE SIXTEENTH DAY OF JULY ONE
THOUSAND EIGHT HUNDRED AND NINETY-ONE.
Present :
The Honorable T. MUTHUSAMI AIYAR, C. I. E.,
Officiating Chief Justice,
and
The Honorable MR. JUSTICE SHEPHARD,
CRIMINAL APPEAL No. 70 OF 1891.
SHAIK HUSSAIN . . . . Appellant
(Prisoner).
Appeal against the sentence of the Court of
Session of the Bellary Division in Case No. 7 of
the calendar for 1891.
This appeal coming on for final disposal after
the receipt of further evidence called for in the
order of this Court, dated 22nd April 1891, and
counsel not appearing on behalf of the appellant.
Upon perusing the petition of appeal and the
record of the evidence and proceedings before the
Court of Session, and upon hearing the argu-
ments of the Government Pleader and Public
Prosecutor in support of the conviction, the Court
delivered the following
—
'
Judgment.—The evidence of the District Sur-
geon which has now been taken shows clearly
that the abnormal state of mind of the prisoner
was merely the temporary effect of the intoxi-
cant which he had taken and could not properly
be traced to any mental disease. This being so,
we have under sections 85 and 86 of the Indian
Penal Code no alternative but to dismiss the
appeal and confirm the sentence of the Sessions
Judge. Having regard to the fact that the
prisoner did not know what he was doing, we
think the papers ought to be sent to Government
in order that His Excellency in Council may
commute or reduce the sentence if he thinks fit
to do so.
(A true copy.)
Registrar,
Appellate Side.
(True copy).
R. C. C. CARR,
Under Secretary to Government.
Proceedings of the Madras Government,
Judicial Department.
Read again G. O. No. 1611/15-8-91 Judicial.
Read also the following letter from the Registrar
2N