The Alipore Bomb Trial

THIRTY-NINTH DAY’S PROCEEDINGS

     Mr. Norton continuing his argument on behalf of the Crown said that on Friday evening when the court rose he was dealing with the case of the two Sen brothers. Mr. Norton after reading the evidence of the search witnesses went on dealing with the exhibits, that were found in the house of the two appellants.

     Counsel next dealt with the case against Susil. Exhibit 475 was Biren’s diary containing writings of Susil. " I am going to the lap of one, who is the mother of thirty crores of sons "was the expression written there by Susil. The case for the prosecution was that Susil contemplated about going to the garden.

     The Chief Justice : Is it proved that it is Susil’s handwriting ?

     Mr. Norton : N o.

     The Chief Justice : How can you attribute that to Susil.

     Mr. Norton: The book was found in his own house and it bears the name of the two brothers. It gives dates which exactly tally with the oral evidence. Taking that with the rest of the evidence the proper inference is that it was written by Susil.

     The Chief Justice: The difficulty is to bring the book to his possession.

     Mr. Norton : Prima facie it belongs either to Biren or to Susil.

     The Chief Justice: Prima facie it belongs to Biren. "I am going to the lap of one"  indicate that he was prepared to give up his life.

     Mr. Norton: There is evidence of conspiracy between the two brothers and in the possession of one of them was found this diary which got Barin’s name upon it and inside that I find reference of a name which tallies with the name of his own brother. I submit that the possession is sufficiently brought home to Biren and if there is evidence of conspiracy it entitles me to use it against Susil. It is for him to prove that the writing was not his and in the absence of satisfactory explanation I am entitled to use it against Susil.

     Mr. Norton then went on to deal with other exhibits against, Susil and had not concluded when the court rose for the day.

Page 328