43
The illicit consumption of ganja would pro-
bably be supplied by illicit cultivation of the plant
and also by importation probably from Nepal. I
have not enquired into the difficulties that lie in
the way of such cultivation and importation. I
also think that the existence of necessity for the
drug among the labouring and agricultural classes
would justify the supply of the legitimate demand
apart altogether from the question of danger to
the revenue from illicit consumption. I think
there is a legitimate demand among the Hindus
in connection with their religious festivals as well
as among the labouring and agricultural classes.
The view I formed with reference to the circular
which was issued by Mr. Westmacott with the
object of exterminating the wild growth in village
lands was that such extermination was not practi-
cable, at all events in a district like Bhagalpur,
and that the attempt to carry it out would cause
a great deal of harassment and annoyance to the
villagers. The people are glad to have the plants
removed from their lands it is true, where it is
growing in very large quantities, but they have
no special desire to have one or two plants remov-
ed from their "baris," where they do no harm.
As the plant grows in great abundance in Bhag-
alpur, I do not think the prohibition could be
carried out without harassment and interference
by the police, because, although the existence of
the plant is evidence against the person in whose
lands it grows, a large amount of labour would
be required to exterminate it, and therefore the
people would not be likely to undertake the labour
of doing it themselves.
Appendix to MR. MARINDIN'S evidence.
Abstract of the records sent by Mr. Marindin and
referred to in his oral evidence.
I
EMPRESS versus CHAMAN SINGH.
This man, Chaman Singh (Rajput, cultivator),
murdered his wife on the morning of 19th June
1893, but was acquitted on the ground of insanity
by the Officiating Sessions Judge of Bhagalpur
on 11th September 1893.
There is no mention of ganja in the "First
Information Report" of the police or in the pro-
ceedings of the Committing Magistrate. The
Magistrate records: "The defendant was all along
a sane man, and he always pulled well with his
wife, who was generally known as a woman of
good character. His cousin and uncle, Babuan
Singh and Kasi Singh, who live very close to his
house, deposed that, just before the occurrence,
he asked his wife to cook for him, as he took no
food on the night, and his wife said she will do it
a little after. Besides this, there is nothing to
show that he had even any altercation with his
wife."
Before the Sessions Judge the uncle, Kasi
Singh, said of the accused: "He was in the
habit of taking ganja and bhang occasionally.
He took it at an interval of two or three days;
but I cannot say if he took it that day. When
he took it he became bad-tempered. I never take
it." On the other hand, the cousin, Babuan Singh,
deposed: "He never took ganja or bhang. If my
uncle Kasi says so, I can only say I never saw
him." Another witness says: "I never saw him
take ganja or bhang."
There is no other mention of ganja in the
record of evidence. In his letter of 17th July
1893 to the Civil Surgeon, the Sessions Judge
specially asked whether the prisoner "appears to
be the subject of mania due to taking hemp in
any form." This special question was not answer-
ed by the Civil Surgeon, nor was he asked about
this matter when examined as a witness in Court.
The Civil Surgeon's evidence is merely, "I believe
him to be a man of unsound mind. His appear-
ance is that of a man suffering from monomania.
His mania refers only to his wife. He admits
having killed his wife, and expresses no regret for
having done so, although he admits she had done
nothing wrong. He says it came into his mind
that he should kill her, and if she were alive
again, he would kill her."
The judgment makes no reference to ganja, but
says: "There is no doubt that the act which ac-
cused is shown to have committed was the first
outbreak of dangerous homicidal mania, and that
that mania still continues."
II
EMPRESS versus PITHU SONTHAL.
Pithu Sonthal was charged with murder of his
wife, but was sent to the asylum by the Sessions
Judge of Bhagalpur on 11th September 1893 as
"of unsound mind and incapable of making his
defence."
Before the Committing Magistrate he stated:
"I was told by my wife that Bhima Paramanak
and Chota Dhanoo of my village had had sexual
intercourse with her. I heard this and struck
her;" and on a later date he said: "I suspected,
when deceased went out, that she went to have
sexual intercourse with some other man. I went
and asked her. She said she had gone to answer
a call of nature. I accused her of inconstancy.
She said nothing, so I struck her. [Then says]
my wife admitted that Bhima Paramanak and
Chota Dhanoo had had sexual intercourse with
her. It was on this I struck her. I have no wit-
ness to prove this."
The evidence shows, however, that when asked
at the time why he had killed his wife, the prisoner
said he did not remember, and also that he had
shown signs of madness the previous day. The
Committing Magistrate says: "The acts of mad-
ness referred to appear to me to be an after-
thought, and the Civil Hospital Assistant deposes
to having watched accused from the day he was
brought in and noticed no signs of lunacy what-
ever."
It may be noticed, however, that the Hospital
Assistant in his evidence says: "He is very
quiet and silent, due to depression of the mind."
There is no mention of ganja in the whole
record; nor is there any explanation assigned by
any witness of the alleged madness, except that
one witness says: "Accused's only child died
during the Bandna festival."
Before the Sessions Judge the prisoner seemed
incapable of making his defence. The Judge,
therefore, ordered that he be kept under obser-
vation until the following Sessions. At the later
Sessions the Civil Surgeon said: "I consider that
he is not capable of understanding or making
I 2