§ 42. Mr. LOUGHasked the Under-Secretary of State for India whether he can state the result of the appeals to the Chief Court of the Punjab of the seven British subjects who were tried for a criminal conspiracy to murder one Ram Padarath on the 17th May, 1913; whether, at the instance of the local Government, one of the accused, who was acquitted by the judge who tried him, has now been sentenced to transportation for life, and another, who was sentenced by the judge to be transported for life, has now been sentenced to be hanged; if so, upon what fresh evidence these sentences by the Chief Court have been passed; and whether it is proposed to give effect to them?
§ The UNDER-SECRETARY of STATE for INDIA (Mr. C. Roberts)Eleven, not seven, persons were tried. The Punjab Chief Court has confirmed the three capital sentences which were passed subject to its confirmation, and has reduced two sentences of transportation for life to rigorous imprisonment for seven years. It 1315 has enhanced one sentence of transportation for life, passed on the man who was proved to have laid the bomb which killed Ram Padarath, to sentence of death. On appeal by the Grown against the acquittal by the Sessions judge of a seventh person, who was considered guilty by all the three Indian assessors, the Chief Court has convicted the accused and sentenced him to transportation for life. The text of the Chief Court's judgments has not been received, and the Secretary of State is not aware whether the Court found it necessary to take fresh evidence. The Governor-General in Council has power to suspend, remit or commute sentences, if memorials are presented by the condemned persons.
§ Mr. LOUGHWill this particular case be reconsidered? Is it usual to increase a sentence to hanging without fresh evidence?
§ Mr. ROBERTSThe Governor-General in Council has power to suspend sentences if memorials are presented by the condemned persons in the usual way.
§ Mr. MORRELLCan the hon. Gentleman say whether the accused were present when this appeal was heard?
§ Mr. ROBERTSWe have not got the text of the Court's judgment. Under the circumstances I cannot answer questions about the particular incidents of the trial.
§ Sir W. BYLESWill the sentence be carried out before the memorial is received? May I also ask whether some promise has not been held out to us of a revision of judicial arrangements of so unusual a character?
§ Mr. ROBERTSI think—I am speaking from recollection—that in cases of appeal against sentence of death the memorial is always taken into account before the sentence is carried out.