THE CASE OF THE SPELUNCEAN EXPLORERS

TRUEPENNY, C. J. point of view

Facts of the case

Defendants (member of Speluncean Society) -> interested in exploration of caves -> ventured into interior of limestone cavern -> landslide occurred ->only exit was blocked Rescue party -> finally rescued After rescue it was discovered Whetmore had been killed and eaten by his companion

This happened because people carried with them only scant provisions A threat existed that they might meet death by starvation To save life Whetmor came with an idea and inquired whether they would be able to survive for ten days longer if they consumed the flesh of one of their number Affirmative answer Next important question before them was who will give life? proceeded to cast the dice throw went against Whetmore as a result his comrades killed him.

 Later they were indicted for the murder of Roger Whetmore Defendants were found guilty of the crime charged against them The judge sentenced them to be hanged After the release of the jury, its members joined in a communication to the Chief Executive asking that the sentence be commuted to an imprisonment of six months

C. J. TRUEPENNY said -Truepenny accepts the decision of the court He says that this decision was taken because that was the only course that was open to court. This is because judges hands are tied and they have to follow statutes. He says it seems to me that in dealing with this extraordinary case the jury and the trial judge followed a course that was not only fair and wise, but the only course that was open to them under the law. But he finally supports executive clemency

 He believes that if clemency is given to them then justice will be accomplished without impairing statutes and without offering any encouragement for the disregard of law.

arguments
Death penalty was inflicted because there was no alternative. Law has its own limitations. We cannot justify a murder only because law allows it. There was absence of mensrea. Crime was done to avert a greater evil. Accused persons are found guilty under extreme circumstances which are generally not found in civil society.

 The Queen v. Dudley & Stephens, (1884) resembles the Speluncean Case and the accused were released from prison after six months.

Conclusion
Under these circumstances not only the statue of law has been taken care of, but also adherence to prudent law has been done.