The Alipore Bomb Trial

SEVENTEENTH DAY’S PROCEEDINGS

     His Lordship concluded the hearing of the reference in the Alipore Bomb appeal.

     Mr. B. Chakravarti in replying to the observation of the Advocate-General regretted that his learned friend had introduced into his address matters which had no basis in evidence on the record. Especially in a case of gravity and importance like the present one, it was unusual and improper for the Crown counsel to have done so. He should be sorry if it was the practice in England to introduce into an address for the prosecution matters which found no place on the record, but he must say from the little experience that he claimed of the practice and procedure in this country that such a thing fortunately was rare in this country and opposed to the traditions of the Indian Bar. The impropriety and mischievousness of such observations about certain citizens from the vantage ground of immunity afforded to Counsel addressing a Court could only have been matched by the colossal ignorance afforded by the impertinent observation about the invocation of Sree Durga. Mr. Chakravarti next pointed out certain other observations of the Advocate General which were not justified by the records and then went on to discuss the evidence in detail. Counsel  concluded by saying that even if all that had been pressed against . his client were accepted, they would only make a case of more suspicion as to Indranath having been in unlawful possession of explosives and that was a far cry to his having been implicated in a conspiracy of the kind alleged, and that considering the whole

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of the evidence against him and seeing that both the Assessors and the Chief Justice had found him not guilty, he should be acquitted.

     This brought the hearing to a close.

     His Lordship reserved judgment.

     Mr. Justice Harrington delivered judgment in the reference made as regards five accused in the Alipore bomb case. There were five accused about whom there was a difference of opinion between the Chief Justice and Mr. Justice Carnduff who heard the original appeal, the former being in favour of acquittal and the latter for conviction.

     His Lordship agreeing with the Chief Justice acquitted Krishna Jiban Sanyal, Susil Kumar Sen and Indra Nath Nundy and agreeing with Mr. Justice Carnduff convicted Birendra Chandra Sen and Sailendra Nath Bose. Birendra was sentenced to 7 years’ transportation and Sailendra to 5 years’ rigorous imprisonment.

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