The Alipore Bomb Trial

FORTIETH DAY’S PROCEEDINGS 

     Mr. Norton continuing his address on behalf of the Crown resumed his arguments as regards the case against Susil Kumar Sen and referred to certain exhibits found at the search of the house at Sylhet where Susil was living. Counsel read a letter in which it was stated that the National College was closed for one day as a mark of respect for the heroic conduct of Susil who had been convicted by Mr. Kingsford for assaulting the police and sentenced to a whipping of fifteen stripes.

    Counsel then read several exhibits to show that Susil was a member of the conspiracy.

     The Chief Justice said that to prove that Susil was a member of the conspiracy it must be shown that he was either in possession of these exhibits or that they were written by him.

    Mr. Norton said he would show that these exhibits were with Barindra and that Barindra and Susil were communicating with each other on the subject.

     The Chief Justice asked whether Mr. Norton would prove by these exhibits only that Susil was a member of the conspiracy.

     Mr. Norton said that by these alone he could not.

     The Chief Justice : Is there anything to show that at that time he was connected with Barindra ?

     Mr. Norton. No. The Chief Justice: Or that he was connected with the "Yugantar ?”

     Mr. Norton: No. I shall show that the "Yugantar" sprang from the brain of Barindra and that Barindra was the instrument for propagating the views and collecting things necessary for a conspiracy. I submit that the conspiracy had ripened in Barindra’s mind at the time.

     The Chief Justice: Is there any evidence to show that at that time Barindra had any influence on the conduct of the "Yugantar"

     Mr. Norton: No.

     The Chief Justice : What difficulty we have to face with regard to different cases is this :—One must not begin at the wrong end. Before we look at the garden books must not we have reason to believe that Susil was one of the conspirators ?

     Mr. Norton : Let us see how he stands in connection with other documents. We find among other things books containing formulae of every dangerous character in a bag which also contained some powders. You have the statement by one of his brothers that the powders were in an experimental stage for the purpose of seeing

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whether they were explosives or not. Over and above that we find criptograms there. Then there was a suggestion " Have you yet made Kali Mayi’s bombs ?" Was he working for himself ? Was he collecting those things for himself. Was it for the purpose of his own instruction or in continuation of a scheme ? I submit when we find him in possession of these things it raises a very strong suspicion, and when in addition to that we find him in a place, which has been admitted, and I submit has been proved, to be the place in which the conspiracy had certainly been brought into execution and carried out it suggests that these things that were found in his possession were not for the purpose of amusement but in furtherance of a scheme which had its origin in the garden. That is why I say Susil was one of the conspirators.

     Mr. Norton then dealt with the case of Birendra Chandra Sen, who was closely associated with Susil. There was, close intimacy between the brothers and they found that they were not only engaged in the same transactions but they were so closely associated that their letters were found in the same bag. They were fond of each other and Biren knew the trend of his younger brother’s mind. It was not likely that any document went into the hands of his brother without Biren's knowing it and it would be absolutely impossible to believe otherwise.

     Counsel then went on dealing with the exhibits against Biren and had not concluded when the Court rose for the day.

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