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By

James Matthew 2010015

Pranav Vernekar 2010032
Prasant Singh 2010033
Pratish Thali 2010035
Siddarth Patel 2010047





This is a legale case where the four surviving Speluncean explorers were charged with the murder of
Roger Whetmore. The explorers had been trapped in a limestone cave by a collapse of rock. On the
23rd day, the dice throw went against Whetmore and he was put to death and eaten by the rest of
the party. After the rescue, the four survivors were indicted for the murder of Whetmore. In the
case, the jury asked the court for a ͞special verdict͟ ʹ i.e. that the court determine guilt or
innocence.


 

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ºe stated that the court should rely upon the Executive to mitigate the rigors of the law. If clemency
is exercised justice will be accomplished without impairing either the letter or spirit of the statutes.
ºe thus affirmed the original decision, but left it up to the Executive to resolve the dilemma.


ºe feels @
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  agree with Justice Foster in presenting the argument that the Law of the
Commonwealth is at stake if we try to textually apply the law in this case. It is under these
circumstances we can push the textual argument aside, and look towards prudence as a form of
influence upon the decision.   @

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ºe feels that it is not the function of the judiciary to give instructions to the executive. The judiciary
is not concerned with morality. The sole question is whether the explorers willfully took the life of
Whetmore within the meaning of the section. ºe states that the legislative branch of government is
supreme; therefore judiciary must give effect to that law and not concern itself with issues of
morality. ºowever we feel that court should take morality into consideration. That is the reason
why we have humans to give the judgment and not computers so that they can exercise their
discretion..


ºe notes that public opinion is about 90% in favour of the men being released. The court doesn͛t
operate in a vaccuum, but must take account of its role in human affairs. Concludes that the
defendants are innocent. ºe is very eager for it to be seen as a ͞common sense͟ approach. We feel
that this is the best approach. A judge should use his common sense and discretion. It is good to
bring in some feeling while giving a judgment.




ºe rejected arguments regarding the law of nature and also rejects the interpretation of the statute,
noting that deterrence is not the only purpose of the statute. It is also there to provide an orderly
outlet for retribution; it is also to for rehabilitation of the wrongdoer and he cites precedents for
this. ºe also looks at the issue of charging the defendants with the appropriate crime. ºe argues that
it is simplistic to state that we must just apply the statute in light of its purpose. But here, the act of
legislative society has many purposes and each judge may interpret its purpose in the light of what
s/he thinks is important.



We feel that the judgment by º

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