The Alipore Bomb Trial

SIXTH-DAY'S PROCEEDINGS

On their Lordships taking their seats, Mr. Norton said : Since your Lordships asked me that question in regard to section 121. I have had a consultation with the Government and my

Page 220

instructions are to leave the matter to your Lordships. They desire me not to withdraw the charge under section 121 for two reasons among others. First, it involves a charge against Indra. Nath Nundy who is one of the second batch and against whom no such defects can be argued as those regarding the charge against the first batch. Second, the Government are anxious that there should he a decision on the various questions of law which they consider extremely important, both for present and future guidance.

     The Chief Justice : I suppose they don't instruct you to argue.

     Mr. Norton (interrupting) : It was not their intention on the 17^th May to include section 121 in the sanction because they had not all the materials before them to enable them to come to a definite pronouncement with regard to section 121. It was only by the time that the case got into Mr. Beachcroft's hands that they were fully appraised on that point.

     The Chief Justice : I take it this way, that the Government do not desire you to withdraw the charge under section 121, but that it was not their intention to sanction a complaint under section 121 on the 17^th May.

     Mr. Norton : Yes.

     Mr. Das, who then continued his address, discussed the evidence of the watch-witnesses. He quoted some passages from their evidence and proposed to prove that all that evidence was false.

     Counsel suggested that as the accused persons in the Alipore Sessions used to come into court and to be conducted to the dock the police witnesses who sat by the platform on which the Judge sat, had the opportunity of seeing the persons as they were brought into the court-room.

     Counsel then discussed the evidence of Chandi Charan Mukherji. Counsel said that witness gave a number of details about Shishir who was at the time away at Bombay.

     C. J. : At that period ?

     Counsel : From long before the 20^th April. I think from 11^th to 30^th April.

     Mr. Das then discussed the evidence of Suresh Chandra Ghose.

     Mr. Das dealt with a letter written to Abinash Chandra Bhattacharjya. by Birendra Chandra Sen, dated the 10^th Baishak, i.e., the 24^th April, 1908. The next document which counsel dealt with was a letter from Kalipado to Birendra. Nath Sen.

     The letter was dated the 19^th April, 1903. The letter was addressed at Baniachang, Sylhet. It enquired about the progress of a National School project. and that a book named Ashapradip, i. e., candle of hope, would be sent. This letter and another

Page 221

letter filed showed clearly that Birendra Chandra. Sen was away from home and he was arrested at Sylhet on the 15^th of May.

     Counsel than went on to deal with Shishir and Hemendra Ghose, who were in Bombay. Shishir received a money-order in Bombay. It was from Charuchandra. Roy Chaudhuri at 44, Jabji building, Bombay, dated the 23^rd of May. The post mark on it was of Bombay, dated the 25^th April. The money order was sent from Calcutta. and the money was paid to Shishir on the 27^th of April. There was also oral evidence on the record that Shishir was away at Bombay at that time. This evidence was given by Satyendra Nath Ghose. This man was brother of Birendra Nath Ghose who was acquitted. He is a, cousin of Shishiv Kumar Ghose.

     Counsel observed that this witness gave his evidence, as the Sessions Judge remarked in a reckless manner. He did not say that the evidence was false. Counsel observed that the evidence of watch witnesses could not be accepted and he asked their Lordships to reject it.

     Mr. Das was going to deal with the evidence of Sarad Chandra. Das, spy, when the Chief Justice asked :—What is your purpose in dealing with this man's evidence ?

     Mr. Das reading the evidence of Sarat Das showed that he had been involved in a forgery case.

     Counsel then went on to say that the first letter was dated the 11^th April and was from Shirish Kumar Glose to Deshpanday. The next document was a money order dated the 23^rd April, Calcutta, from Charu Chandar Roy Chowdhury, which was received by Shisir Kumar Ghose in Bombay on the 25^th April. There was also oral evidence on the record as to his being away in Bombay. That their Lordships would find in the evidence of Satyendra Nath Ghose.

     Counsel next read the portions of the judgment which dealt with these three witnesses and said the Sessions Judge stated that one of them gave evidence in a reckless manner, while the evidence of the other two was not reliable as regards the identification. Under these circumstances having regard to the fact that these witnesses spoke from recollection and gave details from recollection and having regard also to their cross-examination, Mr. Das submitted that the statements of these witnesses ought not to be accepted.

Mr. Das next road the evidence of Norendro Nath Mullick and said the character of this witness was such that no reliance could be placed on his evidence. Counsel submitted that the whole of this witness’s evidence was incredible. Narendra Nath Mullick said he made reports to Inspector Purno Chandra Biswas with

Page 222

regard to each of his watches but Purno Chunder Biswas did not support him.

     The Chief Justice : Does he say he got the names from the informer ?

     Mr. Das : I believe so. He did not say it but I believe there is evidence on the record here to show that these names were mentioned by the informer. I am sorry I have made a mistake. The names were given to the informers by Inspector Purno Chandra Biswas who did not know the persons and the informers pointed out particular persons as Biren, Soilendro and so on.

     Counsel showed that the basis of the acquittal of the garden accused was the fact that their presence in the garden was not inconsistent with their innocence.

     Mr. Das observed that the whole of the evidence of  Narendra Nath Mullick was incredible.

     At this stage, the court rose for the day.

Page 223