The Alipore Bomb Trial

FOURTH DAY’S PROCEEDINGS

     The further hearing of the Reference in the Alipore Bomb case was resumed to-day.

     Mr. B. Chuckraverty, who appeared with Babus Dasarathi Sanyal and Debendra Chandra Bhattacharjee, on behalf of Indra Nath Nandy, addressing the Court said that his client was convicted by the Sessions Judge in disagreement with the Assessors, under Sections 121, 121 (A) and 122 of the Indian Penal Code and was sentenced to transportation for life. The Assessors were for acquitting Indra Nath. The case for the Crown in connection

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with this appellant rested mainly on the evidence of two witnesses, Sarat Chanran Das, an eating house-keeper, and a police head constable, who said that they had seen Indra Nath in the garden, which according to the prosecution was the seat of the conspiracy. Counsel mentioned in passing that the oral evidence against his client has been disregarded both by the Sessions Judge and the two Assessors as well as by the Chief Justice. Mr. Justice Carnduff, on the other hand, relied upon it and found the appellant guilty. The second piece of evidence used against his client was the order of the Magistrate of Jamalpur, dated April, 1906, binding Indra Nath to keep the peace under section 107 of the Criminal Procedure Code. The third piece of evidence was a finding in 15, Gopi Mohan Dutt’s Lane, which was supposed to connect Indra Nath with one of the members of the conspiracy. Then there were four documents alleged to have been found in the garden which were also supposed to incriminate him and connect him with the garden. Then again he was connected with an institution referred to in these proceedings as Chhatra Bhandar, which was a limited liability trading company, and through it indirectly with the "Jugantar." Further reliance was placed upon the alleged explosion of gun-powder at 37, College Street, a house in which the appellant used to live with his parents and ‘other members of his family. Counsel said that the evidence with regard to this incident was absolutely circumstantial. Lastly, certain letters and articles, which were found at 4, Raja’s Lane, were supposed to connect Indra Nath with a man, named Taranath Chowdhury, who is an absconder and who is not, therefore, tried in connection with this case. The present appellant was not arrested until the 23rd June, 1908, although the police were in possession of all materials relevant to the charge against him from the 2^nd of May, 1908. The first information in this case was lodged by Inspector Purna Chandra Biswas on the 17^th May before Mr. Birley, District Magistrate of Alipore. It was alleged that on the 1^st May the police received an anonymous communication with regard to the alleged explosion. They made enquiries but in the end it came to nothing. In the meantime the case against the first batch of prisoners went on regularly and the documents and materials which were found were all put in in connection with them. On the 19^th May without any warrant of arrest, with- out any complaint to any Magistrate a search was made at 4, Raja’s Lane and certain letters, a quantity of ammunition and arms were taken possession of by the police and the owner of the house was practically kept under arrest until he gave evidence in the Sessions Court. Before any authority to prosecute was received from the Government or any attempt to obtain one was made the police on the 23^rd June, 1908, suddenly raided premises No. 37, College Street and arrested the appellant without any warrant or process, although the articles which were

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found at the search were not in any way incriminating. On the 27^th June the first sanction was obtained from the Government and on the 29^th June some of the articles which were found at the search of 37, College Street on the 23^rd of that month, were sent to the Chemical Examiner for analysis. On the 9^th July, Purna Chandra Biswas laid a complaint against the second batch of prisoners. On the 10^th of July the report from the Chemical Examiner was received and on the 24^th August the second sanction from Government was obtained in regard to Section 121 and the preliminary enquiry for a commitment proceeded. Sometime in October, 1907, it was said that Inspector Soshi Bhushan Dey got information with regard to the existence of a Secret Society in Calcutta and Purna Chandra Biswas said that he knew of the existence of such a society on the 28^th of January, 1908. About the middle of March a number of police officers were told off to watch various places, amongst others the garden and 15, Gopi Mohan Dutt’s Lane. It was in evidence that there were about 24 investigating police officers who had something or other to' do with the shadowing or following of various people, and it was evidently clear from the records that almost all of them had been called to give evidence in this case, but not one of them had ever suggested that he had seen Indra Nath at any of the places of conspiracy or that he had been seen associating with the men in the garden or elsewhere or with the men who had been connected with the conspiracy, or with regard to whom there was a suspicion that he was a conspirator. It was not suggested by any of the officers that the name of Indra Nath was ever mentioned to him as being a person connected with the conspiracy. Certain correspondence were put in by the Crown as evidence against Indra Nath and they did not prove any connection of Indranath with anybody during the period of twelve months from May, 1907, to May, 1908, the period covered by the charge.

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