The Alipore Bomb Trial

FORTY-FIFTH DAY’S PROCEEDINGS

Mr. Das continuing his argument said that when the Court rose on Friday he was dealing with the case of Biren and had put before their Lordships the letter which was the most important and the most valuable. There were certain other letters to which reference had been made by his learned friend some of which were not evidence at all. If for instance their Lordships looked at exhibits 520-83 that was a letter written by somebody whose name did not appear, to Nogendro. Another letter 520-11 was written by a man named Probodh to Biren. Counsel referred to the other letters and said that these were all the documents found at Sylhet so far as Biren was concerned. His learned friend relied strongly on the two note books containing the names of chemicals and formulas for bombs. Whatever the value of these note books might be their Lordships could not find any evidence against Biren. Counsel was now referring to the evidence apart from the admissions to police officers. If the note books were found in the South house, as Counsel submitted they were, the evidence was clear and if the circumstances were such that they could not be attributed to Biren, the question at once arose why was it attempted to be proved by oral testimony that one of the note books was found in the canvas bag in close proximity to the black powder. That would not be a true statement. "Why was that untrue or incorrect statement made except with a particular object ? The object, Counsel submitted, was to make out or suggest the guilt of Biren. In the first place why was Biren arrested ? They were told that Biren was arrested because he, along with other boys shouted "Bande Mataram." It was not till then that Biren was arrested. It was for their Lordships to judge how far the defence had made good that suggestion. Counsel referred their Lordships to the evidence on this point and submitted that it had not been made out that these note books were attributable to Biren. Then again the contents of the note books themselves did not show that they had anything to do with the conspiracy with which Biren was charged. Mr. Das then referred to the Judgment of the Sessions Judge and said that on the findings of the Judge Biren was entitled to an acquittal.
 

     Mr. Das then dealt with the case of Bal Krishna Hari Kane. In connection with this case the first point taken by the prosecution was that Kane’s name was mentioned by Barin. The prosecution also referred to the evidence of Purna Chandra Biswas, which was

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utterly unworthy of credit. If their Lordships believed the whole evidence it might very well be a case of mistaken identity.

     Continuing Counsel said that both the Assessors acquitted Kane and they were quite right in their opinion.

     Mr. Das next dealt with the case of Krishna Jiban Sanyal. So far as his confession was concerned the prosecution had admitted that it was not sufficient to bring home the guilt. So far as the evidence was concerned they all knew that this appellant left Giridhi about the 10^th or 12^th April and Ex. 853 showed that at any rate Krishnajiban at that time intended to go home. Further they found this appellant at the garden for a few days. There was also evidence to connect him with No. 15 Gopi Mohon Datt’s Lane but that depended on the evidence of Naren Mullick, who said that he saw Krishnajiban only once but in his report to Inspector Biswas Naren Mullick did not mention Krishnajiban's name. The Sessions Judge did not attach any importance to the garden exhibits and no body knows as to who wrote them, when and under what circumstances. With regard to the copy of the Bengali grammar bearing the name of the appellant found at 15. Gopi Mohan Dutt’s Lane, the prosecution suggested that Krishnajiban must have gone from the garden to 15 Gopi Mohan Dutt’s lane.. Mr. Das submitted that his answer to it was that in the first place the Sessions Judge did not attach much importance to it and secondly, it might be one of the documents found at the garden, got confused and mixed up with the exhibit found at No. 15, Ecause in this exhibit Mr. Feny’s name was scored through in pencil. With regard to the fnding of 39 copies of the "Jugantar" of different dates at Krishnajiban's house at Maldah, Counsel said that Krishnajiban was a subscriber to that paper. In conclusion Counsel submitted that no offence had been made out against Krishnajihan.

     The next case that Mr. Das desired to deal with was the case of Paresh Maulick. As regards his connection with the place of conspiracy the prosecution relied on the evidence of Satish, which was very general and that witness did not mention the name of any incident.     

The next appellant was Sishir Kumar Ghose. It was admitted by the prosecution that Sishir had nothing to do with bombs. The case against him, however, was that he was an active member, that is to say, a missionary with full knowledge. The question was whether that had been made out to their Lordships' satisfaction. The prosecution first dealt with the state of his mind, then with his connection with the garden and lastly with his connection with the principal members of the conspiracy. However there was no evidence throughout on the record to show what work was done by Sishir.

     Here the Court rose for the day.

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