Star.
London, England, 1828-07-24 00:00:00

EAST INDIA COURT MARTIAL

Head-quarters, Camp Gorounda, Feb. 11.
At a Native General Court Martial assembled at Neernuch, on
the 14th January, 1328, of which Subadar Major Gunge Ram, of
the 31st Regiment Native infantry, is President; Baney Sing,
sepoy of the 4th Company let Extra Regiment of Native Infan-
try, was arraigned on the following charge—
Charge—" Baney Sing, sepoy of the 4th Company Ist Extra
Regiment of Native Infantry, confined by order of Brigadier
Lumley, commanding the hleywar field force, on the following
charge—
" For having, on or about the 14th of October, one thousand
right hundred and twenty-seven, in the cantonment of Nermuch,
murdered Luchniun, a native woman."

Upon which charge the Court came to the following.decision—
Finding-a" The Court having maturely and deliberately weighed
the evidence Tlefore them, and o hat the prisoner has urged in his
defence, ate of opinion, that he, Haney Sing, sepoy of 4th Com-
pany Ist Ewa Regiment, is guilty of the crime laid to his charge."
&utence—" The Court having found the prisoner guilty of the
crime laid to his charge, do sentence him, Raney Sing, sepoy 4th
Company Ist Extra Regiment, to be hanged by the neck until he is
dead, at such time and such place as the Commander in Chief may
be pleased to direct." Not confirmed.
(Signed) CONIBERMERE,
_. • General, Commander-in-Chief.

Remarks by the Right Honourable the Commander-in-Chief :
Although it is not unusual, under peculiar circumstances, in Bri-
tish Courts to consider presumptive evidence sufficient to condemn
a person to the severest penalties of the law ; yet it is never deemed
conclusive when positive or circumstantial proof can be obtained.
In the proceedings of the General Court Martial now before the
Commander-in-Chief, his Lordship observes, that the evidence on
which the prisoner had been found guilty and sentenced to death
was purely presumptive; whilst there were several points of fact
which, had they been closely investigated, would have tended satis-
factorily to establish the innocence or guilt s f the prisoner.
It appears by the evidence given before the Court, that, about
_ . .

. .
four o'clock in the afternoon, a cry of murder was heard in the
lines of the regiment to which the prisoner belonged—that a large
'converse of people assembled at the prisoner's hut—that the de-
ceased was found dead, with her throat cut, and the prisoner lying
senseless on his churpoy, with a knife sticking in his breast, having
also some other •fight wounds; no inquiry was made by the Court
for the person who first discovered the murder, how it was disco-
vered, from whence the cry of murder originated, or whether any
person had been seen near the but by whom the deed might have
been committed. It was also presumed by the Court, that the knife
w►ich was found in the prisoner's breast had been used for the mur-
der et the woman—yet no endeavour was made by the Court rte
ascertain whether the knife had belonged to the prisoner, or to any
other person. l'hese were important points, which should have
been brought under the notice of the Court by the Depu:y Judge
Advocate, who conducted the proceedings, and whose duty it was
is produce the fullest and clearest evidence on the case, or to show
that it was not possible to obtain any more circumstantial evidence
than he had brought forward.
Under these circumstances, though inclined to believe that the
Caen have passed a joist verdict, the Commander-in-Chief is bound
to give the prisoner the full benefit of all doubts, and has, therefore,
withheld his confirmation of the proceedings; but his Lordship
directs that the prisoner may be removed out of the military can-
tonments, and dismissed the service.
By order of his Excellency the Commander-in-Chief,
C. FAGAN, Adjutant-General of the Army.