The Alipore Bomb Trial

TWENTY-FIRST DAYS PROCEEDINGS

Mr. Das continuing his address said that when the Court rose on Tuesday he was dealing with the case of Balkrishna Hari Kane and

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had shown to their Lordships that if they considered the circumstances they would End that on the day, the witnesses said they made their journey from Howrah to Nagpur, the journey was impossible. Counsel had pointed out that the prosecution did not take any steps at all till the 1Sth or rather the 19th May. This was extraordinary. Counsel had already submitted before their Lordships the evidence of Balai Ganguli, in which he said that he was deputed and he started from Calcutta on the 19^th . Their Lordships would further and from Balai’s evidence that Balai did not know who identified Kane for the purpose of arrest. It also appeared that at the enquiry at the Morris College Kane surrendered himself on the 20^th July on which date he was arrested without any identification by anybody.

     After dealing with the evidence as to the incidents of the 20^th and 23^rd , Counsel said that was the whole of the evidence as regards Balkrishna Hari Kane. Even if their Lordships accepted the evidence in tote there was nothing to show his connection with the garden. All that the evidence showed was that Balkrishna was traced to 15, Gopi Mohon Dutt’s Lane on three occasions. The Sessions Judge in his judgment said that the case against Balkrishna depended on the oral evidence. The only document which referred to Ballkrishna was a slip of paper found in a book which was one of the volumes of the International Library of Famous Literature. This was volume seventeen of that series. When found the slip of paper was loose and was not pinned on as now. The hook bore the name of Probodh Chundra Bose, 40-1, Chalpatty Road. No one knew who this Probodh was. The Sessions Judge was of opinion that 40-1, Chalpatty Road, was the address given by Balkrishna where his letters were to be received and kept. It was clear that this book must have been borrowed from some one or picked up in some second hand shop because it was only one of the twenty volumes of that series.

     Mr. Das next took up the case of Hem Chunder Das. Their Lordships would End that the Sessions Judge, in dealing with Hem Chunder, began with the confession of Barindra and made that the foundation of the case as against Hem Chunder. Counsel's submission would be that the Sessions Judge did not consider the evidence as a inst Hem Chunder in the way it should have been considered? that is, first of all apart from the confession and if that was sufficient in law, then along with it. That made a great deal of difference as to the importance which one would attach to particular pieces of evidence if one began with the confession and considered the evidence independent of the confession first. With regard to the evidence against Hem Chunder, leaving out the confession, their Lordships would End there were certain documents with the initials "H. D." found at the garden, at 134 Harrison Road, and 15, Gopi Mohan

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Dutt’s Lane. There was nothing incriminating in either the letters or articles found at Hem Chunder’s own house. The chemicals found in his house were materials for photography as the chemical examiner himself said and as the Sessions Judge also found.

     Continuing Counsel said, Narendro Nath Mullick stated that either on the 24^th or 25^th , he saw Hem Chunder at the garden but he could not say when, or where, or whether he was alone or with others. That was the whole of the evidence with regard to Hem Chundra`s connection with the garden.

     As regards Hem's connection with 15, Gopi Mohan Dutt's Lane, Suresh Chunder Ghose pointed him out generally in his examination-in-chief and said he used to report daily to Purna Chundra Biswas whatever he saw. Later on Suresh said he knew Hem Chunder by name and sight on the 10^th April. As a matter of fact, in none of Suresh’s reports to Purna Biswas was Hem’s name mentioned in connection with 15, Gopi Mohan Dutt's Lane.

     Mr. Das next referred to the letter which Hem Chundar wrote to his wife and the suggestion of the prosecution was that he was making bombs in Europe. Counsel submitted that it only showed that he was suffering privations there. The Bengali word was "awful". There were three other letters which explained his difficulties in Europe—he was working there as a cooly.

     Mr. Das next said that witness Deb Das Karan said that Hem went to France to learn photography. Inspector Sashi Bhusan Dey said, Hem was an amateur photographer before he went to England.

     Mr. Das next referred to several photographs one of which was a group containing photographs of Hem, Satyendra Bose and his brothers. Counsel said this was not sufficient evidence in law to support the charges against him. If he were tried separately he could not have been convicted on this evidence. Hem protested against the joint trial but his petition was rejected.

     Counsel then read that portion of the Sessions Judge’s judgment which referred to the appellant Hem Chunder Das and went on explaining the incidents and exhibits referred to in the judgment.

     Mr. Das next referred to the opinion of the assessors, both of whom found Hem Chandra Das guilty under section 122. Counsel submitted that they were influenced by the confession of Darin and others and did not draw an independent conclusion from the evidence alone. Counsel submitted that if the confessions were not taken into account, there was not sufficient evidence against Hem.

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     Mr. Das next submitted that Abinash, Sudhir and Sailendra were brought in to implicate Arabinda. The confession of Barin and Upen stood on a different footing from that of the other accused. In Ullaskar's confession, there was nothing to substantiate the charge under section 121. In Bibhuti's came there was not sufficient evidence of his complicity in the plot. Indra Bhusan was only for a short time in the garden. In Rhisikesh’s case, the intention was not clear. Sishir was only for a day in the garden. Krishna Jiban ought to be acquitted on the very facts found by the Judge. In Nirapada’s case his connection with the conspiracy was not clearly established. Birendra Nath Sen had nothing to do with any of the centres of conspiracy. As regards Susil, his connection was not clearly proved. Referring to Ullaskar, Mr. Das said, with regard to these bombs he was tried in the High Court and sentenced to seven years' rigorous imprisonment.

     Mr. Chukerverti then took up the case of Indra Nath Nandy, son of Lt. Col. Nandy. He resided at 37 College Street opposite the Medical College. It was the case for the prosecution that the College Street was always a crowded place and the room where the boy sat and did his work was on the street. He was arrested on 23^rd June, 1908, in the course of a search conducted by Mr. Merriman who, in his evidence, said that he was not authorised to arrest any body. Nor was the search warrant produced and so the defence could not say who issued it. Indra Nath was taken to Mr. Birley on the 23^rd and was remanded till the 9^th July. On the 27^th June a sanction was obtained from the Government for prosecution under sections 121A., 122, 123, 124. On the 9^th July, a complaint was made by Inspector Biswas and Mr. Birley took cognizance of the case. Inspector Biswas however dissociated himself from any connection with the search or arrest of Indra Nath. He was only a nominal complainant. On 24^th August, 1906, a further sanction was obtained authorising prosecution under sec. 121 and Biswas was again formally examined and Mr. Birley took cognizance of the case.

     Counsel desired to place the materials before their Lordships first and then to discuss the legal points. As early as October, 1907, it was alleged that Ins tor Soshi Bhusan De got information as to the existence of the secret society and Biswas got the information in January 1908. Some time in March 1908, a large number of police officers were asked to watch certain men and houses. This watch went on till the 1^st of May. It might be taken that on account of the Muzafarpur outrage, the police had to take up the matter in a hurry. Counsel then referred to the several searches at the garden and at 4, Raja’s Lane, the findings of which were used against Indra Nath. There was nothing to show, Counsel said, what led to the search of Indra Nath’s house. Nothing was suggested against Indra Nath until 23^rd June and this fact

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was in favour of the accused. None of the police witnesses saw Indra Nath either in the places of conspiracy or in the company of the accused under trial.

     Continuing Mr. Chuckerverti said that the prosecution attempted to prove the charge first with regard to Indra Nath’s connection with Chatra Bhandar and through the Yugantar indirectly and thirdly on account of an injury in the hand. The prosecution alleged that the injury was due to an explosion of gunpowder. This allegation was supported by two nurses of the Medical College who said they heard the sound of an explosion at 37, College Street. One of them could not fix the date. It was said, the police received an anonymous letter in connection with the explosion and an enquiry was made, but that the inquiry was futile. The evidence of Dr. Jordan, who examined Indra Nath on the day of his arrest, was that the injury was due to an explosion: of gunpowder. There was no microscopic examination of the marks on the person of the boy. From that the Crown desired to draw the inference that the injury was due to an explosion, that Indra was experimenting the reparation of cartridges, and that Indra Nath was the armourer of the garden. The Judge also accepted those theories. It was suggested that the accused was experimenting with gun powder in a house on a crowded street. Then there were certain letters between Indra and a man by name Taranath Roy Chowdhury. There was no evidence that the accused wrote those letters. Although many witnesses who were intimately known to the accused were examined, not a question was put to prove the handwriting of the writer of those letters. The Judge compared the writings of those letters with the signature of the accused in English and came to the conclusion that the letters were written by the accused although the letters were written in Bengalee and only the representation was in English.

     Counsel had not concluded when the Court rose for the day.

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