The Alipore Bomb Trial

TWENTIETH DAY’S PROCEEDINGS

Mr. Das continuing his address said that on Monday he was dealing with the case of Nirapado Roy and was dealing with the watch witnesses. Counsel dealt with the evidence of the watch witnesses Suresh, Satish and Surat Palit. Mr. Das next dealt with the exhibits. Exhibit No. 76 was a note book containing not the name of Nirapada., but of Nirmal The case for the prosecution was that Nirmal was the name of Nirapada. Counsel could not say if there was any evidence at all in the record with regard to that. The prosecution called certain witnesses from Midnapur and two of them referred to Nirapada as Nirmal. They did not however say that he was Nirmal Ganguli as was mentioned in the note book. The Sessions Judge took Nirmal Ganguli to be the same as Nirapado Roy. Counsel submitted that Nirapado Boy could not be called Nirmal Gauguli.

     Continuing Counsel said—Nirapada might have been arrested at 15, Gopi Mohan Dutt‘s Lane, but there was no evidence to show he was living there in the same way as to be held responsible for everything found in the house. His suggestion was that the words “ the premises No.15, Gopi Mohan Dutt’s Lane " must have been put into this document because the signature followed too close upon these words.

     Mr. Das then dealt with the rest of the documentary evidence against Nirapada and submitted that his connection with the conspiracy had not been proved beyond all reasonable doubt.

     Mr. Das then took up the case of Sailendra Nath Bose who had been convicted under all the three sections 121, 121A. and 122, and sentenced to transportation for life.

     After reading the portion of the judgment referring to Sailendra, Counsel said that the only documentary evidence against  Sailendra was exhibit 78 where the initials “S.B." appeared.

     As regards Sailendra’s connection with the Jugantar, Mr. Das said that when Abinash started the Sadhana Press in July 1907, Sailendra and his brother Dindoyal were staying in the same house in which the press was. Dindoyal had been acquitted. Sailendra was a sort of hanger-on and was assisting Abinash to manage the press. In the first search list in connection with the Jugantar their Lordships would find the name Bhupendro as editor, the name Abinash as manager and the name Sailendra as sub-manager. That was the whole of the evidence connecting Sailendra with the Jugantar. In none of the subsequent search list did Sailendra's name appear. It was not stated that Sailendra contributed to the paper or that he paid money to carry on the paper. Counsel failed to see how on that evidence it could be alleged to have

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been proved that Sailendra was connected with the Jugantar and took part in the conspiracy charged in this case.

     The second point against Sailendra was that he was arrested at 48, Grey Street. From that the Sessions Judge came to the conclusion that he was living at 48, Grey Street; as a matter of fact the documentary evidence in this case showed that he was not living there but at Jugal Kishore’s Lane. The point seemed to Mr. Das to be immaterial. There was a receipt showing that he was living at Jugal Kishore’s Lane.

     The third point against Sailendra was his connection with the Sil’s Lodge. Their Lordships found a reference to that in the money order sent to Upendra. The only evidence as to his connection with the Sil's Lodge was that of the Postmaster who did not know his name but identified him as one of the men he had seen there. That identification was very weak and could not be relied upon. That was the only evidence which connected Sailendra with Sil’s Lodge. There was absolutely no reference to Sailendra in any of the numerous documents put in.

     Mr. Das then took up the case of Kristo Jiban Sanyal. Counsel did not pro use to take their Lordships through the various document relating to this accused. He proposed to place that portion of the judgment relating to Kristo Jiban before their Lord- ships which contained a reference to one or two documents on which the Sessions Judge relied and his submission would be that on that judgment Kristo Jiban should have been acquitted. His age was shown on the 27^th February 1909 to be sixteen years.

     Continuing counsel said Kristo Jiban made a statement before Mr. Birley which he submitted, was not a confession. The case for the prosecution was that Kristo Jiban was a fortnight at the garden.

     Continuing Mr. Das submitted that the statement of Narendra Mallick that he had seen Kristo Jiban Sanyal at N0. 15, Gopi Mohan Dutt’s Lane was not worthy of credit under the circumstances Counsel had already submitted before their Lordships.

     Counsel then read the statement of Kristo Jiban made before Mr. Birley, and said that from that confession or statement, what- ever it was, beyond the fact of Kristo Jiban`s living in the garden for fifteen days, their Lordships could not get anything else. In answer to the question by Mr. Birley to Kristo Jiban as to what took place in the garden the latter made a statement, but that was inadmissible. If it was inadmissible then the only thing left was his stay in the garden. In connection with this Counsel would refer to one fact. No doubt two or three bombs were found in the garden. Some chemicals were also found there. The evidence of the expert was that with those chemical picric acid

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might be prepared and picric acid was necessary for the preparation of bombs such as they had in the garden. They had a laboratory there.

     Carnduff J : What did they teach ?

     Mr. Das : Chemistry. I am not going to prove that those chemicals had nothing to do with the making of bombs. But it does not by any means follow that because they had two or three bombs there all that they had to do of the chemicals was for the purpose of making bombs. The probable theory is that they were teaching chemistry as well. In fact the quantity of chemicals as inferred from the number of bottles found in the garden, would not and could not be used for the purpose of making bombs. All these chemicals such as sulphuric acid are necessary for every laboratory and they are very common ingredients. The fact that only two or three bombs were found there goes to show that as a matter of fact they were making other use of the chemicals. It cannot be said that because there were two lectures of Ullashkar Dutt in the course of fifteen days, when this appellant was there, he knew the object for which the bombs were there.

     Continuing Counsel said that there was nothing clear and convincing against this appellant. Counsel next referred to the exhibits. There was only one exhibit about which he would speak. That was exhibit No. 924. It was a letter written by Kristo Jiban. It ran thus : Having come home I have no peace of mind. Again there is on all side a cry of marriage. If you say I may leave these things and go. Please do not place me in this difficulty. Matters are going on here in a way that if I hear anything more about this difficulty I would run away." The view which the Sessions Judge took of this letter was this : Kristo Jiban was trying to run away. Why should he run away unless he knew the danger ; Counsel submitted that the letter did not support the view which the Sessions Judge had taken. The letter was no evidence at all. It was an intercepted letter. No body proved the handwriting. There was another circumstance, the envelope which was shown as the envelope of this letter, but it was not its envelope because they found the Baidyanath post mark on it. This envelope was exhibit 925. Letters from Malda would not come from Baidyanath.

     Carnduff, J: Where is the evidence of interception ?

     Mr. Das : Witness Kishory Lal Das Gupta says that. It shows how these witnesses are prepared to swear anything.

     Mr. Norton : I admit that. It was a mistake.

     Continuing Mr. Das said that there was no evidence that the letter was written by Kristo Jiban and that it was addressed to Upen in the garden. Further there was no envelope found, which was of utmost importance to preserve.

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     Mr. Das next went on to deal with the case of Balkrishna Hari Kane. This man had been referred to as the Madrasi. Counsel would submit that no connection had been proved between this appellant and the garden.

     Continuing Mr. Das said that there was not a single document in the garden which suggested Kane`s connection with the garden. In fact there was not a single document anywhere—in any of the centres of the conspiracy—except a slip of paper which was discovered for the first time at the Sessions Court inside a book. It was exhibit No. 373-4-A. The evidence of the watch witnesses deal with three incidents—one of the 21^st , one of the 23^rd and one of the 27^th April, when it was said he left Calcutta by the Bombay mail. Counsel would submit that all the evidence of the watch witnesses were an afterthought. The case against Balkrishna Hari Kane is this: Somebody in the Calcutta Police got hold of the name of Kane and enquiries were made at different places. The police got the names of two places in connection with Kane— one was Doolia, Bombay, and the other was Nagpur. Kane was a surname and it was after the man was arrested on suspicion at Nagpur and brought to Calcutta that the prosecution tried to connect him with this case by means of these tree incidents.

     Carnduff, J : Did not Barin give the full name of Kane ?

     Mr. Das: No. He only said Kane. The whole thing with regard to this appellant is a piece of fabrication.

     Mr. Norton pointed out that statement regarding Kane was made by Barin in the shape of confession and that they were not allowed to refer to it.

     Mr. Das: That statement was made before the police and we cannot refer to it as evidence. I do not know whether your Lordships can refer to it.

     The Chief Justice : Certainly we can not. I only brought that a in because of the observation made by Mr. Justice Carnduff.

     Mr. Das then referred to the incidents and the evidence of the watch witnesses. He then said that the identification of this appellant was not worthy of credit.

     Carnduff, J : He looked like a Madrasi.

     Mr. Das : I shall show that he did not look like a Madrasi at all.

     Mr. Norton : The reason for calling him a Madrasi was this that he spoke English very fluently.

     The Court then rose for the day.

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