'Baroda Enquiry Commission Report, 1874' [‎55v] (115/502)

3. The Resident of Baroda in his final reply, takes exception generally to
the judicial proceedings, and makes a detailed comment on them, and on tliG
proceedings of the Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). in this, and other cases. He also forwards transla
tions of some depositions taken after the Commission left Baroda, tending to
throw discredit on the judicial investigation held before the Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). authorities.
O pinion and G teneral R emarks by the C ommission.
In this case it is impossible to form a satisfactory judgment. On the one
hand, the Resident is evidently of opinion that the judicial proceedings, which
have been placed before the Commission by the Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). are perfectly useless and
that they were framed subsequently to the punishment inflicted. He also, it is
clear, entirely disbelieves the facts stated in the different depositions. On the
other hand, there can be no doubt that the death of Tatia Powar was very suspicious;
and, as far as the Commission can judge, he seems to have died either from
cholera, or the effects of poison. In an English court of justice more definite
evidence would have been required before the alleged poisoning could have been
held to be proved ; and certainly more evidence would have been required before
the guilt would have been held to have been established against the eight
prisoners. But the Commission does not feel itself in a position to sit as a Court
of Appeal, to determine whether prisoners have been properly or improperly con
victed by the judicial courts of the Gaekwar. In this instance the formal pro
ceedings held on the trial, have been placed before the Commission, by the Judge
before whom they were held. This officer states that the depositions and state
ments were taken down in his presence with due formality, and all'the proceed
ings were completed before the infliction of the punishment. The matter was
then fully explained to His Highness the Oaekwar, who himself, as he told the
Resident, ordered the punishment to be inflicted; though under the circumstances,
he would have been justified, he alleges in passing sentence of death on the
prisoners.
There seems to be no particular reason why, if suspicions were
not entertained against the eight prisoners, they should have been singled out as
the alleged perpetrators of a cold-blooded murder. And whether Tatia Powar was
really poisoned or not, and whether the eight persons convicted of being con
cerned in his death, were really guilty or not, the Commission is not convinced
that the Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). authorities have any doubt on the matter. It is much to he
regretted that the flogging was carried out so brutally or carelessly, that one man
died at once from the effect of such treatment; but bearing in mind that under
the laws now in force in England and British India, garotters and other offenders
are punished, and very properly, with severe flogging, the Commission does not
feel called on to condemn flogging in Baroda, when adjudged as a punishment
for heinous offences. In this particular case the Gaekwar might be invited to
enquire and inform Government how it was that a man who is now alleged to
have been delicate, should have been so severely flogged as to have died under
^ If- an ^ r care l essn ess, or needless severity could be substantiated against
the subordinate who inflicted the punishment, or those whose duty it was to see
it carried out, due notice should be taken of their conduct. All the proceedings,
epositions, and the remarks by the Resident, will be found in the proper place.

'Baroda Enquiry Commission Report, 1874' [‎55v] (115/502)

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'Baroda Enquiry Commission Report, 1874' [‎55v] (115/502)

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