The Alipore Bomb Trial

THIRTY-FIRST DAY’S PROCEEDINGS 

     Mr. Norton after referring to several other exhibits referred to exhibit 295. It was a letter signed by Barindra Kumar Ghose to Arabinda and was written from Surat, "Bengal Camp, near Ajit’s." It runs thus :" We must have sweets all over India ready made for emergency." This letter proves that Arobinda and Barin were in closest terms and in political propaganda they were at one. There was sufficient evidence that during the Surat Conference Arobinda was there, and that there was a fierce attack by the extremists on the moderates. At that Conference Dr. Rash Behary Ghose was practically driven out of the camp and the extremists achieved their triumph. The question was whether they could take it that Barindra was at Surat in the absence of any evidence. The letter itself would give answer to that question. Arobinda stated that the letter was never found in his house, but the Sessions Judge held that it was found at 48, Grey Street. Although Barin had withdrawn his confessional statement there was no suggestion that his statement was not true. With regard to this item, he had never stated that this was not his letter or that he had not written it.

     Mr. Bonerjee: I appeared for Barin in the lower Court and in the course of my address I most emphatically denied this letter and described this as forgery.

     Mr. Norton: I did not say what the learned Counsel said. Barin never said it and there is no statement upon the record. I emphasise that Barin’s confession was true. Barin never said that it was not true. He never denied the document. Barin was a man of great resolution and a person with considerable amount of moral force.

     The Chief Justice : On the point as to whether it was written by Barin did the Sessions Judge and the Assessors come to the same conclusion ?

     Mr. Norton: No. They disagreed.

     Counsel then read the opinions of the Assessors as well as the judgment of the Sessions Judge relating to this point. In conclusion he submitted that the evidence was conclusive that the letter was not a forgery.

     The Chief Justice: What strikes me is this: It seems you have a fairly strong case against Barin, you are now giving us the impression that we will have to rely upon this letter and disbelieve the opinion of the Assessors and the Sessions Judge on the point.

     Mr. Norton : Is it not a strong point ?

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     The Chief Justice: If your case against Barin rests upon this letter I can understand your argument. If it is merely for the purpose of showing that the Judge and the Assessors were wrong in their view as to Arobinda then you are in mistake.

     Mr. Norton: The value that I attach to this latter is solely this: I say it is an additional circumstance in corroboration of Barin’s confession.

     After dealing with several other exhibits which connected Barin, Counsel said that he would deal with the confession. The confession was not intended to include any persons excepting those who were under arrest with him in the garden. So far as the confession went it was a truthful confession. Barin never intended to incriminate anybody excepting those who were co-accused with him. Counsel then read the confession of Barindra Kumar Ghose and said the acts were in the nature of a conspiracy to wage war and not for the purpose of avenging private wrongs of an individual. That concluded the case against Barindra Kumar Ghose.

     Counsel would next deal with the case against Upendra Nath Banerjee, who was arrested in the garden and who also made a statement to the police. Counsel then mentioned the names of the watch witnesses who found this appellant at various places, previous to his arrest, and went on to deal with the exhibits, which implicated Upendra Nath, and the places where they were found. Counsel then referred to the confession made by the appellant. His confession received corroboration from Barin’s and both the confessions were corroborated by fact and documents. It would be impossible for anybody to seriously believe that the police had concocted the evidence.

     Mr. Norton next took up the case against Indu Bhusan Roy. He was one of the confessing prisoners and his confession was con- firmed by the statements of Barin and Ullaskar. Counsel then went on to deal with the exhibits against the appellant.

     Continuing Mr. Norton said that he would have to make one more comment in connection with the "sweet's letter;" whereas other pieces of evidence, either documentary or oral, connected Barin with individual persons the "sweets letter" adumbrated a general rising throughout India. It was intended to sketch out a rising, more or less simultaneous, throughout India for the purpose of a particular conspiracy.

     Counsel would next deal with the exhibits against Indu Bhusan Roy. First of all he would deal with the song " My motherland." It was written in Bengali and the first stanza runs thus:

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     "O Banga mine, my mother Banga. O my nurse, my native land!

     O mother, why thy visage dimm’d thy hair untrimm’d with oily hand ?

     O mother, why thy cloths are shabby, why thy seat the dust (and sand.)

     With (all) thy sev'nty million children thee claiming " Motherland." ?

     Reck thou little of thy woes,

     Reck thou little of thy want,

     Reck thou little of thy griefs,

     Reck thou little of thy brand. 

     When sev'nty million voices hail, in chorus thee " My Mother land."

     The Chief Justice : Why do you read through this ?

     Mr. Norton: This was the universal teaching, showing that these young men had formed the picture of their motherland in constant distress,

     The Chief Justice : This, I understand, is a popular song throughout Bengal.

     Mr. Das : It was written by a Deputy Magistrate.

     Mr. Norton : It depicts to them the unhappiness of their motherland. The Deputy Magistrate may have written it in perfect good faith, but that was not the view the young men took. I lay special stress on the last verse.

     And though around thy gleams celestial, has now gather horrid gloom,

     The clouds shall melt and greener glory on thy front shall once more bloom ;

     No driven cattle we but men, we will my mother wipe thy brand,

     My Goddess, my devotion’s crown, my ’lyseum, my native land !

          Reck thou little of thy woes,

          Reck thou little of thy want,    

          Reck thou little of thy griefs,

          Reck thou little of thy brand.

     When sev'nty million voices hail, in chorus thee "my mother- land."

     Mr. Norton next took up the case of Ullaskar Dutt who was implicated by the confessions of Barin, Upen, Hrishikesh and

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Krishnajiban Sanyal besides his own. Ullaskar's father was the Professor of Agriculture at the Shibpur Engineering College and Ullaskar started a private laboratory there. counsel then mentioned the names the watch and shadowing witnesses. He was arrested on the 2^nd May at the Mooraripukur Garden. Counsel then went on to deal with the exhibits which connected Ullaskar, after which Mr. Norton read Ullaskar’s confession and said that it was a hue one and it received corroboration from many of the appellants.

     Counsel then dealt with the case of Bibhuti Bhusan Sircar who was implicated by Barin, Upen, Ullaskar and Indubhusan. The Apellant also made a confession in Bengali which was duly proved. Counsel then said that Bibhuti was arrested at the garden. He said that he went there for the purpose of reading gita but from evidence and surrounding circumetances it was evident that he was there for some other purposes. If he was innocent the onus lay on him to prove that.

     Mr. Norton then dealt with the exhibits that connected Bibhuti. He was connected with the Yugantar cases and his name appeared on one of the maps, which was found in the garden. concluded the case against Bibhuti.

     The Court then rose for the day.

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