180
Note by the Commission appended to
Mr. Stokes' evidence.
[Three cases tried by the Sessisons Court, Salem,
and mentioned by Mr. Lowe, Inspector of Police at
Salem, as attributable to hemp drugs. Only the
High Court Judgments have been received in cases
1 and 2.]
Case 1.—The accused (Mutu Chetty) had kept
a woman (Thayammal) for ten years as his concu--
bine. She quarrelled with him and left him and
went to her mother's house and refused to return
to him, though it was arranged by a Panchayat
that she should do so.
The accused took an occasion to follow
T h a y a m - m a l a n d m u r d e r e d h e r . T h e d e f e n c e w a s a n
" alibi," which was pronounced by the High Court
to be unreliable. The accused was discovered
(having fled the village and escaped to Burmah)
through an intercepted letter, in which he made
what was " possibly an allusion to the crime he
had committed." This allusion was " owing to
the unsettled state of my mind I did this act.
It thus happened."
There is no mention of hemp drug in the judg--
ment. The sentence of death was affirmed.
Case 2.—The accused (Madhan) cut his wife's
throat, with intent to kill her, and afterwards
attempted to cut his own throat. The refusal of
the wife to return to the husband or the refusal
of her relatives to allow her to return was held
to have led to the commission of the offence. The
accused pleaded that he was not in his right sen-
ses, but no defence based on insanity was put
forward. The prisoner was " addicted to drink
and to taking bhang." On this the judg-
ment of the High Court says : " This is no legal
defence in answer to the charge, but it may
account in some measure for the despairing state
of mind on which the refusal of his wife to return
to him operated. The prisoner had provocation,
and seems to have been sincerely desirous to live
on terms of affection with his wife, and was also
eager for her return on account of his children,
who were helpless without her. Though these
matters did not constitute a legal defence to the
charge of murder, we think we may take them
into consideration in determining the sentence."
Accordingly the capital sentence was commuted
to transportation for life.
Case 3.—The accused killed his wife, and griev-
ously wounded a farm labourer who interfered
and protested. After summing up the evidence
the Sessions Judge proceeds : " Accused pleads
irritation by reason of his wife's abusing him in
unbecoming language, and refusing to supply him
with the morning meal. I believe this account
of the matter. In the first place, when confront--
ed with his statement to the police, the 5th pro-
secution witness (the head constable corroborates
him) admits that accused gave him and witnesses
4 and 6 a similar version as he went along the
road, which version he afterwards repeated in the
station. Secondly, he is the only living person
who can speak to what occurred prior to the kill--
ing, and there is thus no one to contradict him.
Thirdly, both the 1st and 2nd witnesses told the
Magistrate that accused and his wife used to
quarrel, especially (1st witness says) when he
was under the influence of bhang."
The provocation received by the accused was
allowed by the Court as a reason for not passing
on the accused the sentence of death. He was
transported for life.
11. Evidence of MR. G. S. FORBES, Collector of Tinnevelly.
1. The answers are framed on the information
collected officially or furnished by the private
gentlemen consulted. Representatives both of
the Church Mission Society and of the Society for
the propagation of the Gospel were among those
consulted. The consumption in the district is so
small that the information obtainable is meagre.
During the official year 1892-93, only 1,833 tolas
were sold in the licensed shops.
The population of the district is close on two
millions, and its area between 5,000 and 6,000
square miles.
Ganja is the only name by which the plant
is known here.
7. Practically none in the Tinnevelly district.
It is grown in one or two spots on the hills by
labourers ; and native physicians occasionally
grow a few plants in their gardens.
13. There is no legal restriction.
14. None. The ganja leaves sold are imported
chiefly from the Dharmpuri hills in Salem.
15. The ganja leaves are made up in three ways
after they have been washed to remove the yellow
deposits on the leaf.
(a) A mixture with tobacco on the leaf alone,
for smoking.
(b) A potion, the ganja leaves being powder--
ed and mixed with spices, poppy seeds,
etc., and then dissolved or transfused
in milk and water. This is known
locally as " baniya " or " bhang," the
latter term being here used in a sense
different from the definition in ques-
tion 2.
(c) The leaves are reduced to a powder, which,
after being mixed with various spices,
is boiled with ghee and jaggery till a
confection of the required consistency
is obtained. This is called " purnadi"
or " lachium."
In some cases dhatura seeds are added, if a strong
intoxicant is required.
19. Please see answer to question 15.
20. Ganja is smoked by bairagis and other
North India mendicants. The local wandering
mendicants, known as Pandarams, and other ascetics
also use it. A small number of Muhammadans
and Hindus, as Brahmins and Vellalas, also smoke
it ; but its use is exceedingly limited.
21. Onl y " f l at " ganj a i s us ed f or s moki ng.
25. The use of ganja is reported to be on the
decline since the introduction of the license system.
But accurate figures are not available from which
a definite conclusion can be arrived at.
26. The consumers of ganja are chiefly habitual
moderate consumers.
27. Vide answer to question 20.
28. On an average above ¾ t o l a w e i g h t o f g a n j a
is daily consumed by an habitual moderate con-
sumer, the cost of which is 33/11 pies.