The Alipore Bomb Trial

FORTY-SEVENTH DAY’S PROCEEDINGS

     Mr. Chuckerverti continuing his argument on behalf of Indra Nath Nandi submitted that Indra Nath’s connection with the

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conspiracy was due mainly to his connection with Tara Nath Rai Chowdury who was described by the Crown as an absconder and proclaimed offender. It was clear from the evidence that Tara Nath became the Manager of the Yugantar in November 1907. He was never the Editor, Printer and Publisher of that paper. He simply collected money on behalf of the paper and made payments. It had been suggested by the Crown that there were grounds for reasonable suspicion against him that he was a conspirator.

     The Chief Justice : Not reasonable suspicion I think ?

     Mr. Norton : Reasonable ground for suspicion.

     The Chief Justice : No reasonable ground for suspicion.

     Mr. Norton : Yes, My Lord, that is so.

     Continuing Mr. Chuckerverti said, let them see what evidence there was first to raise a reasonable belief that Tara Nath was a conspirator and secondly to establish Indra Nath’s connection with Tara Nath and thereby to connect Indra Nath with the conspiracy. Although searches had been made from time to time in the Yugantar office Tara Nath was never said to be the author of those violent articles which appeared in the Yugantar or that he had anything to do with the policy of the paper. Tara Nath had been described as a conspirator and absconder. Except that a warrant was asked for and granted and a bit of Purna Chunder Lahiri's evidence, there was nothing to show that Tara Nath had done anything to merit his arrest as a conspirator. Purna Chunder Lahiri in his evidence said that he searched Tara Nath’s house on the 19^th May on certain information he had received in the Chief Presidency Magistrate's Court. Tara Nath was proclaimed as an absconder under the Arms Act. The search warrant and the arrest warrant were issued by the Chief Presidency Magistrate. On the day Tara Nath’s house was searched Tara Nath was seen in Court and his person was searched. From the day his house was searched Tara Nath was not seen any where.

     Mr. Chuckraverti next submitted that except referring to this portion of Purna Chunder Lahiri’s evidence the Crown did not submit anything to meet the argument advanced by the defence Counsel. Tara Nath was supposed to be a conspirator for large quantities of arms and ammunition were found in his house on the 19^th May. It was incredible to believe that a man whose person was searched at the Police Court was allowed to go away. Then again why did Purna Chundra Lahiri go to Raja's Lane to search for Tara Nath ?

     The Chief Justice: Do you know the dates on which the warrant was granted ?

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     Mr. Chuckerverti: No. Except that on the 13^th July an application was made for a warrant to Mr. Birley. This search warrant and arrest warrant were issued by the Chief Presidency Magistrate under the Arms Act.

     The Chief Justice : We know nothing of the other warrant.

     Mr. Norton : Except the police evidence which says Taranath was not found.

     Mr. Chuckerverti: In the order sheet there is only a note which says that a warrant was issued. Is it suggested that A Purna Chundra Lahiri or any other police officer was in charge of the warrant to arrest Tara Nath ? With regard to the warrant Purna Chandra Lahiri says it was issued under the Arms Act; ` that does not implicate him with the conspiracy.

     Mr. Norton: In Mr. Birley’s order sheet we find that on the 4^th September a proclamation was issued against several men amongst whom was Tara Nath.

     Mr. Chuckerverti continuing said that the only man who said that the box in which the arms were found belonged to Tara Nath was Gnanendra Nath Sircar. He was a private tutor and after the search he was arrested and kept in hajat until he incriminated Tara Nath. Excepting this man there was no other evidence against him. Although the enquiry began as early as February none of the shadowing witnesses ever suggested that they saw Tara Nath either in the garden or any other place of conspiracy. Even those witnesses who had sworn against anybody and every body did not swear against Tara Nath.

     Mr. Chuckerverti then referred to the comparison of hand- writing and said that the comparison took place in the absence of the accused. Where the trial was with the assistance of two Assessors the defence were entitled, especially where the comparison of Bengalee handwriting was concerned, to have the opinion of the Assessors one way or the other. Even assuming that the Sessions Judge was entitled to admit documents by comparison of handwriting the Court consisted of three persons, Judge and the two Assessors and so there was no comparison by the Court. ·

     Carnduff, J : The Assessors made no comparison at all.

     Mr. Chuckraverti : No. Up to the end the Sessions Judge was in doubt as to whether these documents should be admitted or not. At the end of the whole trial he made up his mind and admitted these documents.

     Mr. Norton; Every one of these documents was put into the hands of the Assessors for the purpose of their coming to an opinion on them. That is a fact.

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     Counsel then went on to say that their Lordships were asked to find that Indra. Nath was the armourer to the garden. It was suggested that Colonel Nandi being exempted from the operation of the Arms Act Indra Nath went into the market and bought arms and ammunition, in the name of his father and made them over to the garden people. There was not a tittle of evidence to support that suggestion. It was a pious desire on the part of the prosecution that their Lordships should come to that conclusion without any evidence at all.

     Mr. Chuckerverti next referred to the injuries on Indra Nath’s person and asked what it was that the prosecution wished their Lordships to deduce from the fact of the injuries in support of the story that Indra Nath was a conspirator. The arrests at the garden took place early on the morning of the 2^nd May and was it conceivable that a few days later Indra Nath in broad daylight was engaged in preparing arms and had one hand blown off and received other injuries owing to an explosion ? The prosecution had to prove how this explosion was connected with the conspiracy with which Indra Nath was charged.

     Mr. Chuckerverti continuing said that the Crown had suggested that because Yugantar was considered as a limb of the conspiracy, everybody who had anything to do with the paper was considered as a member of the conspiracy. Then again it had also been suggested that "Chatra Bhandar" was a limb of the conspiracy. Counsel submitted that he had very carefully listened to what the learned Counsel for the Crown had said about the "Chatra Bhandar" but he failed to find out any tangible evidence which made the "Chatra Bhandar" a limb of the conspiracy. In some mysterious way Indra Nath was supposed to be a representative of the conspirators on the board of the "Chatra Bhandar" as a secretary. Except the association which had been made by the prosecution, there was absolutely no evidence at all on the record to support this. Counsel submitted that with regard to " Chatra Bhandar" not only was it never suggested that it was a limb of the conspiracy as long as the case was before the committing Magistrate, but that no search was made at the " Chatra Bhandar" office until the 8^th of December during the pendency of the trial before Mr. Beachcroft. Mr. Norton had stated that the documents taken from the " Chatra Bhandar” office were all official documents and they bore the name of Indra Nath. From that their Lordships were asked to hold that "Chatra Bhandar" was a limb of the conspiracy and Indra Nath was told by the conspirators to represent them on the "Chatra Bhandar". Although those documents were not found in the possession of Indra Nath and although they were not in the handwriting of Indra Nath still, Mr. Norton had submitted that those documents might be used as evidence under section I0 of the Evidence Act. Counsel remarked

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that the position taken by the Crown on this point was absolutely untenable.

     After dealing with some other minor points, Counsel concluded his reply on behalf of Indra Nath Nandi.

     Mr. Norton pointed out that in Mr. Birley’s commitment order the name of Indra Nath Nandi appeared.

     He was the thirty-sixth accused there. Counsel also referred to the notebook about the handing over of the revolver.

     Mr. Norton then produced the Sylhet arms which consisted of bamboo guns with bamboo spears, bamboo swords, air guns, lathis, bow, etc.

     The Chief Justice. ― This is the armoury.

     Mr. Norton.—Yes, my Lord.

     The Chief Justice,—Do you think they are dangerous ?

     Mr. Norton :——No, unless they strike the eye.

     The Chief Justice : Are they taken from the " Bartaman Rananiti ?" (Laughter).

     The Chief Justice then thanked all for the great help rendered by them in this case.

     Their Lordships reserved judgment.

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