The Alipore Bomb Trial

Justice Sir Richard Harrington,  Bart. 

FIRST DAY’S PROCEEDINGS

     Babu Bejoy Krishna Bose in opening the case said that the case for the prosecution was that the appellants were members of a gang whose object was to wage war against the King- Emperor and several places were mentioned by the prosecution as the haunt of the conspiracy. In pursuance of that conspiracy five overt acts were committed. Of those five two were futile attempts upon the train carrying Sir Andrew Fraser, late Lieutenant Governor of Bengal, near Chandernagar on the East-Indian Railway. The police had no information of these two attempts and they came to know of them when confessions were made by Barindra Kumar Ghose and Ullaskar Dutt. The third overt act was known as the Narainghar outrage which happened on the 5^th December, 1907. In this connection it was alleged that a mine exploded beneath the train in which Sir Andrew Fraser was travelling from Puri to Calcutta. So far as this overt act was concerned what happened was this.—At that time several coolies were arrested by the police, who made confessions and were convicted. Afterwards Barin made a confession taking the whole responsibility upon himself and denying that he ever took the help of any coolie. The fourth overt act happened on the 11^th April, 1908, in which a futile attempt was made on the life of the Mayor of Chandernagore. On the 30^th April, 1908, the last overt act, known as the Muzafferpur outrage, was committed. In this case by mistake a bomb was thrown on the carriage of Mrs. and Miss Kennedy and they were killed.

     Thereafter on the 2^nd May, 1908, searches were made at 32, Mooraripukur Road, 15, Gopi Mohan Dutt’s Lane, 4:8, Grey Street, 38-4, Raja Nabakishen Street, 13-L, Harrison Road, 4, Harrison Road and 23, Scott’s Lane. Several arrests were made also that day. Krishnajiban Sanyal was arrested at Malda on the 12^th May. Sailendra Nath Bose was arrested at 48, Grey Street on the 2nd May. Susil Kumar Sen and Birendra Sen were arrested at Sylhet on the 15^th May. On the 23^rd June Indra Nath Nandi was arrested in Calcutta. All the accused thus arrested were placed on trial before Mr. Birley, District Magistrate of Alipur, who committed thirty-eight persons to the Court of Sessions, two of whom were subsequently let off. Out of the

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thirtysix the Sessions Judge convicted nineteen and acquitted the rest. The assessors who assisted the Sessions Judge, found Sailendra Nath Bose, Birendra Chandra Sen, Indra. Nath Nandy, Susil Kumar Sen and Krishna. Jiban Sanyal, not guilty but the Sessions Judge disagreeing with the Assessors convicted the accused and sentenced the first three to transportation for life, the fourth to seven years’ transportation and the last to one year’s rigorous imprisonment. The nineteen convicted persons then preferred an appeal to the High Court and while the case against them was pending before the Chief Justice and Mr. Justice Carnduff one of the apellents, Asoke Chandra Nandy, died. Their Lordships after learning both sides agreed with regard to thirteen persons and upheld the convictions passed against twelve of them reducing their sentences. One of them, Bal Krishna Hari Kane, was acquitted by their Lordships. With regard to the present five appellants the Chief Justice was of opinion that they should be acquitted. Mr. Justice Carnduff, however, was for upholding the conviction but for reducing the sentence in the case of Sailendra Nath Bose, Birendra Chandra Sen and Indra Nath Nandi so far as the charge under section 121 of the Indian Penal Code was concerned, namely waging war. Their Lordships were of opinion that the prosecution had failed to prove that charge both on facts and on points of law, and as section 122 formed part of Section 121 that section also according to their Lordships, did not apply : Mr. Justice Carnduff, however, found the five appellants guilty under Section 121 A.

     Babu Bejoy Krishna Bose then went on to deal with the case against his clients and had not concluded when the Court rose for the day.

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