273
Faridpur with a certificate from the Civil Sur-
geon, dated 19th June 1877. This certificate
stated that he "has a vacant look, is slow and
hesitating in his speech, does not sleep much, re-
mains in one position quietly for hours together,
does not speak to anybody unless questioned, and
sometimes cries. In fact he has the look of a
confirmed lunatic, although he had no fit of excite-
ment while in this jail. He has been sent to jail
for having killed six of his relatives in a fit of
excitement." The Descriptive Roll, dated 6th
June, signed by the District Superintendent of
Police and forwarded with the lunatic, showed that
he had been insane "two months"; that "pre-
vious to arrest he was addicted to opium and
ganja"; that the cause assigned for his insanity
was "his mother's death, as well as addiction to
ganja and opium"; and that the circumstances of
the case were that "some time before the murders
he became deranged in his mind on his mother's
death, which, and his addiction to ganja, brought
on a fit of insanity under which the crime was
committed." In their letter No. 11 of 25th
March 1878, the Visitors of the Dacca Asylum
reported that the man "is now rational and fit to
stand his trial."
Under orders of the Local
Government he was accordingly forwarded to
Goalundo to be tried. He was acquitted on the
ground of insanity, and readmitted to the Asylum
under the orders of the Local Government, com-
municated in Judicial Department letter No. 2947,
dated 19th July 1878. In their letter No. 111,
dated 27th June 1885, the Visitors reported to
the Local Government that they "are of opinion
that he continues sane as reported in January last,
and beg to draw attention to their recommenda-
tion that he be discharged." The Government
ordered that he be employed in a jail as a work-
overseer or servant on light labour. He left the
Asylum accordingly.
The records of the criminal case have also been
perused. They show that this man was charged
with having, on 23rd April 1877, caused the death
of his father, grandmother, brother, and three
sisters. The Naib of the village gave evidence
that after receiving the information from the
prisoner, and seeing that the house was burnt
down with the six dead bodies in it, he asked the
prisoner why he had done this. "He said, 'I
did it because I chose. What will they eat?' * *
I had heard that since prisoner's mother's death
prisoner had been strange in his manner. He
would not speak to people, but would sit still
moping. On the day previous to this occurrence
the father mentioned this fact to me. Up to the
time of the mother's death the prisoner appeared
to me perfectly sane and rational. * * I had
heard that prisoner used to take both ganja and
opium. His father several times told me of this.
I do not know what prisoner meant by saying,
'what will they eat ?' His family are in comfort-
able circumstances. I suppose prisoner meant
that when his mother was gone who was to feed
them; but I cannot tell." The next witness was
a near neighbour, who said, "I knew Kailash
well. He used to get drunk with ganja and
opium.
After his mother's death he became
pagal, would not speak to any one, would laugh
to himself, would not eat, and used to throw his
uttari (mourning garment) away. He did not
take ganja during this time. * * I went
to inquire about the Shradh. I saw Kailash
seated in his bari. He would speak to no one.
I told him not to be downcast and pagal;
it was his duty to look after the younger
members of his family. He was very fond of his
mother." A third witness said, "I used to see
Kailash frequently. On the evening of the occur-
rence, I saw the family. There was a commotion
about the Shradh. Preparations were being
made * *. After his mother's death, he used to
speak to no one and to wander about and some-
times throw his uttari away. Before, he was all
right. He had stopped taking opium, but took
ganja."
Another witness, a priest, said, "Kailash is
somewhat of a pagal. He has always been a bit
of a pagal. Since his mother's death he has been
mad. He did not do any of the acts which
ought to be done by a person who has lost his
mother. Every day I saw him after his mother's
death and used to speak to him, but there was no
knowing what he said. From his behaviour and
acts I should say he had lost his reason. He had
a wife. After her death (that was six or seven
years before this occurrence) his strangeness in-
creased. He was on the best terms with his
family, with all of them. It is reported that
prisoner used to smoke opium and ganja; but
there is also a report that he gave it up." Two
other witnesses corroborate this priest. One says,
"Even before his mother's death Kailash was
half-cracked. After his wife's death he was
pagal for a month or so."
The prisoner in his examination said he had no
recollection of the burning of his bari or of the
death of his father and other relatives; that he
recollected "something about his mother's death,
but not fully," and that he used to take opium
and ganja, but had given them up latterly.
The Civil Surgeon, Dr. Richards, gave evidence
as to the prisoner's insanity. In answer to the
Court, he said, "It is quite possible he may have
become insane by smoking ganja; but there is
nothing particular to show this."
The Sub-Inspector of Police showed that the
prisoner came and gave information himself, that
"he was trembling and in a most excited state,
and loudly called out the information which he
had to give." He was violent and struck the
village Naib for not believing him. He had not
been arrested by that time, but was simply walking
with the Police and others whom he had called to
the bari, and talking over the matter. The Ses-
sions Judge in his judgment said, "It is proved
that for years prisoner has been peculiar in his
behaviour. After his wife's death he was quite
mad for a month; and since his mother's death
again he has been behaving like a man bereft of
his reason. His behaviour before and immediately
after the occurrence shows conclusively that he was
not responsible for his actions." He accordingly
acquitted the prisoner on the ground of insanity.
The Judge did not refer to ganja at all as the
cause of insanity, or as in any way connected with
the crime.
2 P