Sangam Age

Download as pdf or txt
Download as pdf or txt
You are on page 1of 6

MURDER AND PUNISHMENT UNDER THE CHOLAS

Author(s): Mrs. V. Balambal


Source: Proceedings of the Indian History Congress , 1979, Vol. 40 (1979), pp. 83-87
Published by: Indian History Congress

Stable URL: https://www.jstor.org/stable/44141944

JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide
range of content in a trusted digital archive. We use information technology and tools to increase productivity and
facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
https://about.jstor.org/terms

Indian History Congress is collaborating with JSTOR to digitize, preserve and extend access to
Proceedings of the Indian History Congress

This content downloaded from


13.234.254.191 on Tue, 13 Jul 2021 23:13:55 UTC
All use subject to https://about.jstor.org/terms
MURDER AND PUNISHMENT UNDER THE CHOLAS

Dr. Mrs. V. Balambal

Very few murder cases are gleaned from the Chola records.
Many of them seem to be deaths caused in haste or in a fit of anger,
at times mistakenly or due to arrogance. Whatever may be the
nature of death, the punishment pronounced on a murderer was
asking him to endow a perpetual lamp. Manu Nithi Chola, a
Sangam ruler put his son to death for having killed a calf. This
was not to be the punishment to a murderer under the Imperial
Cholas. We do not come across even a single instance where death
sentence was awarded to a murderer. But from the absence of
material one cannot come to the conclusion that the Cholas
detested from imposing death sentences to the criminals. Aù
inscription of Kulothunga III records that death sentence should
not be imposed on Vellalas.1 From this it could be surmised that
the death sentence was in vogue under the Cholas.

In almost all cases of murder, whether voluntary or involun-


tary, the murderer was asked to light a perpetual lamp in temples.
We hear of confiscation of property and its sale for non payment of
taxes and misappropriation of funds but even such a severity of
punishment was not imposed on a criminal except in the case of the
murder of the royal prince Aditya II Karikala.2 Why such leniancy ?
It is well known that a murderer was asked to donate land, money,
cows or sheep for maintaining perpetual lamps and the same was
engraved on the walls of the temple. From this it appears that the
Cholas considered no other punishment more severe than inscribing
ones offence on the walls of the temple which will be read by one
and all down the years. This served not only as a punishment to
the cirminal but also as a warning to the public. Or perhaps, the
Cholas might have thought that by such a punishment the criminal
could easily be mended and by paying their penalty to God they
could thus attone for their guilt.

83

This content downloaded from


13.234.254.191 on Tue, 13 Jul 2021 23:13:55 UTC
All use subject to https://about.jstor.org/terms
84

Murder of a Royal Prince

A record from Kuhur dated in the 9th regnal year of Rajaraja


I states that offences against the king were severely dealt with.3
Heavy fines and confiscation of the property were the punishments
awarded to such criminals.4 It appears that confiscation of property
and imposition of heavy fines was the severest punishment a crimi-
nal could get under the cholas.

An inscription from Udayarkudi clearly brings out the above


point. Aditya II Karikala, eldest son of Sundarachola Parantaka
II was murdered in the life time of the latter. Rajaraja I younger
brother of Aditya II, succeeded to the throne after the death of his
uncle Uttamachola. In the 2nd year of Rajaraja I, the persons
who were supposed to have committed the murder of the royal
prince Aditya II Karikala were found out. Rajaraja I issued a
royal order to the sabha of Viranarayana Chaturvedimangalam
asking them to confiscate the lands and properties of the criminals.
The same were sold and the money thus got was remitted in
the state treasury.5 This is a unique instance that we come across
in the Imperial Chola rrecords, where the murderers are awarded
the punishment of confiscation.

Murder of au Official

It was the practice and professed duty of the local bodies to


go into the cases that were brought before them and pronounce
judgement. But when it was a matter concerning government
officials and generals, the high officers intervened and only with
their approval the Nattars punished the criminals. A civil war in
cholandu resulted in the death of a general by another. The wife
of the deceased general became a Sati. Ethirilichola Samburara-
yar, the master of the dead general and the nattars ordered the
culprit to endow a lamp to the temple.6

By issuing royal orders the King at times intervened not to


tamper the course of law but to insist the royal concern in metting
out justice. When a nadalvan stabbed a commander of a regiment
of bowmen to death, Rajendra II issued a royal order to the village

This content downloaded from


13.234.254.191 on Tue, 13 Jul 2021 23:13:55 UTC
All use subject to https://about.jstor.org/terms
85

assembly stating that the assassin had to endow 96 sheep for a


lamp.7

The affected parties decided the cases among themselves by


arriving at an agreement. A lamp was endowed to a r temple in
Karunthattangudi by a soldier who had killed another. He decided
to donate the same after he came to an agreement with the rela-
tives of the deceased.8

Cases of Accidental Murder

Even when death was caused accidentally the criminal was


asked to endow a perpetual lamp. A certain Ammuri Pichchan
alias Rajendrachola Nilagangarayan killed an individual accident-
ally. He gave 128 cows for four perpetual lamps to be lit in the
temple of Brahmistara in order to expiate for his sin.9

Likewise, a native of Arumbondar while hunting arrowed


another man mistaking him for an animal and the latter died after
a few days. The Brahmin and nattars went into the matter and
ascertained that the death was caused only accidentally. So the
offender was asked to provide for a perpetual lamp in the temple
of Brahmisvara at Marakkanam. Twelve sheep were given for that
purpose in the 16th year of Kulottunga III.10

In another case 48 sheep for a lamp were given under the


direction of the nattar to the Tiruvagnisvara temple at Kulathur
for mistakingly killing another. An inscription dated in the 43rd
regnal year of Kulottunga III records this incident.11
Death Due to Assault

A village official harassed a woman for the recovery of some


dues. Her plea that she had no dues was left unheeded. Unable to
bear the slight she committed suicide. When this matter came to
the notice of the local authorities a fine of 32 kasus was imposed
on the village official.12 This instance proves the even officials
were not spared from the course of law.

Death Due to Cruelty

When a concubine was outraged, it resulted in her death and


for the same the offender was asked to endow a perpetual lamp.13

This content downloaded from


13.234.254.191 on Tue, 13 Jul 2021 23:13:55 UTC
All use subject to https://about.jstor.org/terms
86

Death in a Duel

Death caused in a duel was met with the same punishment of


endowing a perpetual lamp to the temple.14

Death Caused by a Minor

In the case of an offence by a minor, the punishment meted


out for the crime was to be carried out by the father. During the
reign of kulottunga I a boy of six accidentally hurt another boy of
seven and the latter lost his life shortly. There could not have been
any motive behind such action. Inspite of it the boy had to pay
his penalty. As he was a minor, the father of the boy was required
by the assembly to endow 1/2 lamp in order to expiate the boy's
offence.16

Expiation by an Uncle
Sometimes the relatives of the criminal expiated for the crime.
From the Munnur inscription of Rajarajadeva dated in his 7th
regnal year is gleaned an instance where an uncle of the murderer
donates lands for a perpetual lamp in order to make amends for the
crime perpetrated by his nephew.18

Killing an Animal

Even for taking the life of an animal, the punishment was to


maintain a perpetual lamp. Two men killed a buffalo for having
spoilt their lands. In order to redress their offence they were asked
to lit a lamp and for its maintenance they donated 48 sheep. • This
is recorded in the 13th year inscription of Kulottunga III.17
It is evident from the above account that justice was rendered
to the people in its full propriety and in a democratic way. The
Chola monarch, the government officials and the local bodies were
always vigilant and scrupulus in discharging justice. The king at
times intervened not to tamper with the course of law but to insist
his concern in metting out justice. By his royal orders he enhanced
the power and prestiege enjoyed by the local bodies which were
functioning efficiently in disposing cases that came before them.
Even the officials were not spared from the course of law when they
erred.

This content downloaded from


13.234.254.191 on Tue, 13 Jul 2021 23:13:55 UTC
All use subject to https://about.jstor.org/terms
87

NOTES

1. 200/1929
2. 557/1920
3. 277/1917
4. 379/1922
5. 557/1920
6. 162/1932-33
7. 227/1904
8. 48/1897
9. 159/1918
10. 33/1919
11. 273/1919
12. 80/1906
13. 77/19C6
14. 109/1895
15. 223/1902
16. 67/1919
17. 110/1919

This content downloaded from


13.234.254.191 on Tue, 13 Jul 2021 23:13:55 UTC
All use subject to https://about.jstor.org/terms

You might also like