The Alipore Bomb Trial

TWENTY-SECOND DAY’S PROCEEDINGS

Mr. Chakraverti continuing his address on behalf of Indra Nath Nandi said that the evidence against his client beyond what he stated to their Lordships on Wednesday consisted of certain documents found at searches made in the garden, 15 Gopi Mohan Dutt’s Lane and one other lace in Bhowanipur. The last item was evidence——if it was evidence at all—·of Indra Nath's connection at Jamalpur when he was simply bound down under section 107 of the Criminal Procedure Code.

     Counsel would take the search at the garden as the most important item of evidence to which he desired to draw their Lordships` attention. There were four documents produced which the Crown suggested showed Indra Nath’s connection with the

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garden. Those were exhibits 1425, 1427, 201, 231-2 and a page in 231-5. Three of those documents, 1425, 1427 and 231-5 were alleged to come out of item 84 or 86 in the search list, exhibit 213.

     Taking 1425 and 1427 fist, the only evidence that they were found in the garden was not the evidence of any of the persons connected with the search at the-garden but was the evidence of Inspector Shamsul Alum who said they were taken out by him out of a very large number of books which were described as two hundred books.

     So far as 1425 was concerned it was mentioned for the first time before Mr. Birley on the 11^th September by Shamsul Alum. It did not bear the signature of the searching officer or the search witnesses and on the face of it there was nothing to connect it with the search at the garden except the statement of Shamsul Alum that he discovered it among those two hundred books. It was a very old book having been published in 1818. The title was "Wrinkles or Hints to Sportsmen and Travellers? The way in which this book was attempted to be connected with Indra Nandi was by the stamp on it " Dr. S. C. Nandi, I.M.S." It does not matter. Even assuming on account of the stamp that a book of 1818 belonged to Indra Nath’s father the inference your Lordships are asked to draw—as the Sessions Judge was asked to draw—is that the only way the book could have found its way into the garden was through Indra Nath.

     Continuing Counsel said he would not take u their Lordship’s time by suggesting ways by which that book might have found its way into the garden. The argument was that because the book bore the stamp of  Dr. Nandi, Indra Nath must have taken it and passed it on to somebody in the garden. An old book like that might have been stolen, might have been sold to hawkers, might have been given away or might have got into the hands of somebody from Dr. Nandi and then into the hands of somebody else.

     Counsel continuing said that from slender evidence like that the inference was sought to be drawn that Indra Nath was connected with the conspiracy, that it could only have passed through Indra Nath’s hands into the garden, and that therefore Indra Nath was connected with the garden.

     The next book was 1427. It was a book in Bengali on "Magic." The first time it was reduced was on the 11^th September by Shamsul Alum. It dig not bear the signature of an searching officer or any search witnesses and it entirely depend; upon the testimony of the police officer.

     Mr. Chakervarti continuing said that the documents he had referred to were the only documents produced for the purpose

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of connecting Indra Nath with the garden. It was a curious fact that not one of the shadowing witnesses said any word about seeing Indra Nath in any place where the alleged conspiracy was going on. Voluminous correspondence had been produced but no correspondence of any kind had been produced as between the garden or any other place of conspiracy on the one hand and Indra Nath on the other hand.

     Mr. Chukervarti then referred to exhibit 1074 and said that this was n. letter without any envelope and it was dated 4th of Kartick without the year. It would be about the 20^th of October. This was the document which the Sessions Judge used most against the appellant. Assuming that comparison of hand- writing was allowable under section 73, with regard to this document there was no basis of comparison at all because they had nothing to compare with. the whole of the letter was written in Bengali, and it was signed as Indra.

     Counsel then referred to several other letters and submitted that those documents were not legally proved.

     Counsel then referred to Indra’s connection with the Chhatra Bhandar In the prospectus of the Chhatrabhandar Company there was an advertisement of the Yugantar on the cover. India was connected with the Chhtrabhandar as the Secretary for a certain period only. What was urged by the prosecution was that inasmuch as on the prospectus of the Company there was an advertisement of the Yugantar therefore the Yugantar which was remarkable for seditious writings, was the limb of the conspiracy so was the Chhatrabhundar and as Indra happened to be the Secretary of the Chhatrabhundar , he was a conspirator too. There were thousands of shareholders but they were not arrested. The director and managing director were allowed to give evidence and the Secretary was arrested. At that time Government did not prosecute the Yugantar and there was nothing wrong in giving the advertisement.

     The Court then rose for the day.

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