Carnduff, Justice : H.W.C. Carnduff, a judge of the Special Bench Appeal Court in the Alipore Bomb Case (1909). In the judgement there was a difference of opinion between him & the Chief Justice in respect of five appellants.
... two notable instances, and on the other hand, the maintenance of the finding of the Lower Court in all but six cases, on five of which there is a difference of opinion between the Chief Justice and Justice Carnduff. So long as these cases are still sub judice , we reserve our general comments on the trial. At present we can only offer a few remarks on special features of the judgment. The acquittal... of the Maratha, Hari Balkrishna Kane, must give universal satisfaction, as his conviction in the absence of any evidence in the least establishing his guilt would have been a gross miscarriage of justice. The rejection of Section 121 and the consequent elimination of the death sentences is also a result on which the Government and the country may both be congratulated. Even in the case of actual political... attached to these methods of violence, the efforts of a more orderly though not less strenuous Nationalism to organise and spread itself must be seriously hampered. We are glad to note that the Chief Justice has in no case condemned an accused on the evidence of the watch-witnesses alone. Such evidence is always suspect in the eyes of the people of this country and the gross blunders, if they were no worse ...
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