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EVIDENCE
Brahmo, a lawyer took the chair. Arabinda spoke. Reported the meeting Ex. 90. I wrote search-list at the search of Bijoy Bhattacharya's house on 1st July. Bejoy not arrested that day. I remember looking at a book like Ex. 1210. That day I did not know there were any formulae for bombs in the book. No discussion about any formulae took place there. Did not tell Bejoy that we would come again next day. P. W. 1'72. Panu.―Worked at a garden next to No. 32. Saw people there. Recognise Barindra. P. W. 173. Sk. Mobarok Hossain.―Knew Hem Das' house. Lived near it. Saw men there. Can't recognise any. P. W. 174. J. W. Turner.―Inspector of Explosives. Took yellow scrapings from the Engine of the L. G.'s train at Naraingarh and also from the rail and made them over to Major Black. P. W. 175. Saroj Kumar Mozumdar.―Called to prove certain telegram connecting Bhaba Bhusan Mittra-Court disallowed. P. W. 176. Durga Das Dhar.-Sold 2 bowls on 8th Baisak 1315 like Ex. 392. My shop is at 210 China Bazar. P. W. 177. Kheman- Dharmasala Chowkidar. ―Muzaffarpur. Ex. 73 is Khudiram's Photo. Ex. 31 and 32 are photos of his companion who stayed at Dharamsala and were there on the day of the murder of the two ladies. P. W. 178. SK. Methu.―Carriage-driver. I drive carriage No. 366. Once drove a man from Shambazar to Raja's Street, Sova bazar. Another man took down my name and number. P. W. 179. Ram Lal Upadhya.―Head Constable. Khudiram Bose distributed pamphlets at Midnapur Exhibition of 1905-06. I arrested him but was rescued by Satyendra Bose and others. P. W.180. A. 0. Amstrong.― Deputy S. P. Nagpur. Searched for Balkrishna Hari Kane but he could not be found. He was produced on 20th July 1908 by Professor Jones of Morris College. I arrested him and sent him to Calcutta. He went voluntarily to Mr. Jones. P. W.181.Priya Nath Mookerjea.― S. I. Reported a meeting at Beadon Square on 15th Dec. 190'7. Aravinda and Samsundar suggested going to Surat to break up the Congress. Reported another meeting' on 14th Sep. 1907 at College Square where Leakut Hossein presided and Probhas (id) and Lalit Ghosal spoke. I searched 4/1 College Square on 12-12-08 and found Ex. 1473/1 and 1474/1. Arabinda did not speak. His silence showed approval. Notes marked Ex. 103. Arabinda spoke in English. Some one else reported it. I did not listen closely. P. W.182. N. Sen.-Deputy Magistrate-On 10th June there was an identification in Alipur Jail. 28 accused and 26 prisoners Page 98 were mixed up. Witness Bhubon Das picked out Hem Sen and Puma Sen. Bhubon did not give the names. P. W. 183. D. Baker.-Manager, "The Englishman." In the issue of the paper of 4th Dec. 1907 there is a paragraph that L. G's. departure from Cattak had been delayed till the 5th inst. Ex. 1010 is a copy of the issue with the para missing. P. W. 184. Rajendra Ch. Shastri.―Translator to Government. Translated certain issues of Jugantar e. g.― 18th March 1906 "Suchona" or Introduction Ex .... 1307/1-2. 15th April " ... "A nation's power consists in the strength of its youngmen" ... 1308/1-2. 29th April l "What is the duty of the people towards an oppressive Ruler" ... 1311/1-2. 22nd “ "Admission of Error" and A wakening of power by patriot's blood" ...1309/1-2 13th May "Conflict and Enmity" ...1310/1-2 27th “ "A marhatti Novel in Jugantar" 1312/1-2 17th June "Truth about the essential character of the era" 1313/1-2 24th "What is wanted in Bengal" ... 1314/1-2 1st July "The Shivaji Festival" 1315/1-2 15th “ "Truths about the characteristic features of the era." "Chattra Bhandar Ld." 1316/1-2 29th "A bit of the History of Rungpur.....1317/1-2 5th August "The National or indigenous Council of Education" 1318/1-2 19th "Release of the Editor of Bhala" "The National Council of Education" "whether Council succeed or not depend upon the student population" ... 1319/1-2. Prospectus of Chattra Bhandar 1320/1-2. 26th "Organisation of Bands" 1321/1-2. 14th Oct "Free Hindi School" "Tying the Rakhi Thread." "There is retaliation for oppression" "Bejoya" 1322/1-2 Page 99 21st Oct ,, "War is the order of creation" "Jugantar's National School Hostel" ... .. 1323/1-2. 18th Nov ,, "Past and Future" 1324/1 2nd Dec ,, "Struggle for Independence"... 1326/1-2. 13th Jan. 1907 "Truth about Revolution"... 1327/1-2. 3rd Feb. ,, "Building up of Public opinion"... 1328/1-2. 3rd March ,, "Truth about Revolution," Establishment of Swaraj 1329/1-2. 7th April ,, "Our Present Duty" 1330/1-2. 16th Nov. ,, "Ghosts' Nest", what is the path" ... 1332/1-2. 11th April 1908 "Welcome unrest" present problem ... 1336/1-2. I also translated articles from the Sandhya. The following are issues of them.- 6th May 1907 "Mother Kali's Bomb" ... 1338/1-2. 14th ,, ,, "Pick up Lathi " " ... 1339/1-2. 15th ,, ,, "Band of Volunteers. Are you dead" ... 1340/1-2. 16th ,, ,, "Worship of Mother Kali in every village" .... 1341/1-2 . 17th ,, ,, "Feringhi's war drum" ... 1342/1-2. 15th June 1907 ,, "Beware while there is yet time" . 1344/1-2 . 24th July .. "Wherein lies our strength" 1346/1-2. 28th Augt ... "Butcher of a Magistrate at Lalbazar"... . .. 1349/1-2. The following are translations of headlines of articles from the Navasakti.― 7th August 1907 How will the country be routed 1315/1-2 28th Nov. 2nd Dec. Reconciliation is impossible 1352/1-2 26th " Be warned even yet 1354/0-2 12th Nov Power of the people 1360/1-2 I also translated the book in four parts "Mukti kone Pathey" ―"which way lies salvation." Ex.1479/1-4.Original book 1480. P. W. 185 I.P.Carroll.-Traffic Inspector. B. N. By. Produces Time table for 1907-08. Page 100 P. W. 186. Sarat Chandra Bhattackarya.―Produces Time Tables of E. E. S. Ry. for 1907-8. P. W: 187. Charles Christian.―Produces Time Tables of E. I. Ry. for 1907-08. P. W. 188. Sheik Nawab Jan.―Lived near the garden, 32 Muraripukur. Saw men coming and going there. Can't identify any. P. W.189. Sheik Ismail-Same as last witness. P. W.190. S. 1. Chaturvedi R. A. Sarma.―On 30th April 1908 after the Muzaffarpur murder I was deputed to go to Mokama. I dropped two constables at Waini station to arrest two men if found. I stayed at Mokama on 1st May. On 2nd at 10-30 A.M. a train came from Mokama Ghat (that place has connection with Muzaffarpur) and S. I. Nanda Lal Banerjee (since murdered) and another man alighted from the train. Nanda wanted to arrest him. He bolted but was chased and caught by constable Shib Sankar. The man was Dinesh Chandra Roy. He then shot himself. Ex. 1045 is his revolver. He had a ticket from Muzaffarpur to Howrah-Ex. 1045 A. P. W.191. Alijan.―Driver of hackney No. 494. once drove it from Gopi Mohan Dutt's Lane to 134 Harrison Road in Baisak. The Babu who hired brought out tin boxes Ex. 572, 573 from the house in G. M. Dutt's Lane. Then he brought a bag like Ex. 659 and sat inside. Two Babus came out from 134 and took in the Boxes. When I drove a little another Babu asked where my stand was. Ullaskar brought the boxes with Asoke Nundy. The latter sat on the dickey box. P. W. 192. 8. I. Sarat Palit.―In January 1908 was enquiring into the Naraingarh incident. I got some information about a Secret Society. On 10th April I was watching the garden. Three men I followed from there to Hem Das' house. Then they went to Howrah Station. They started by the Loop passenger at 5-30 P.M. I and others followed in the train. They got out at Mankandu. I and Suresh Ghose followed them. One of the three separated and . I followed him to Chandannagore. In the dark I missed him. He was Barindra. Next day while returning I saw two of them entering the train at Chandannagore. They got out at Serampur, so did I. They hired a carriage and I did so and followed to Narendra Gossain's house. On the 17th April, I gave names of Barindra Ghose, Sailendra, Dindoyal and Abinash as members of the Society. Barindra and others I followed also from the garden to No.4 Harrison Road and then to 23 Scott's Lane. Another day two men brought a bullock cart to Hem Das' house, loaded same .with 3/4 tin boxes, a wooden box, a hand bag, a leather box and something in a basket. One of the two who looked like a Madrasi went with the cart to 15 Gopi Mohan Dutt's Lane. Two or three men came out, unloaded and took Page 101 in the things. Identifies, Sailendra, Ullaskar, Dindoyal, Upendra, Bibhuti, Barindra, Abinash, Bejoy Nag, Krishna Jibon, Nirapodo, Indu Roy, Hem Das, Paresh, Arabinda; I knew also Narendra Gossain. Got information about Secret Society from an informer in Calcutta. My memory is failing because I am suffering from paralysis. I kept no notes of the watches. I spoke from memory about the shadowing. P. W. 193. Srimanta K. Das Gupta.―Deputy Magistrate. On 24th July 1908 once went to Alipur Jail to witness identification of accused. 30 persons were paraded in a line. S. I. Suresh Ghose went to identify. He picked out Balkrishna Hari Kane. P. W. 194. Binode K. Gupta.―Inspector. On 2nd May was present at 48 Grey Street and arrested Sailendra and Abinash downstairs; Aravinda was arrested upstairs. I saw the "Sweets Letter" first on 4th or 5th May at Ryod Street when we were examining documents with Mr. Denham.-Ex. 295. Papers and documents of other places were brought also there and examined. All documents found at 48 were with Mr. Creagan at Jorasanko Thana from 2nd to 4th May. On 10th May I searched Subodh Mullik's house, 12 Wellington Square. Bande Mataram was then printed at 2/1 Creek Row 2/3 houses from No. 12. I found Ex. 1100...,-1123. I saw Ex. 1130 and 1131 among the garden Exhibits. I heard Probha's delivering violent speeches. I was present at several searches of the offices of Juganatar, Sandhya, Navasakti. It would not be correct if Creagan had said that he kept the documents till 11th May.· 'The findings of garden and No. 15 were kept at Park Street Thana. P. W. 195. Nanda Lal Bagchi.―Deputy Magistrate, Alipur. Present at the identification in Jail by Alijan on 18th May when he picked out Asoke and Ullaskar. P. W.196. Narain Chandra Bhattacharya.―Bengali Translator to Government. He translated several articles from the Jugantar and Sandhya. P. W.197. G. C. Denharn.―D. S. P. Came into touch with the Exhibits of this case from 4th May. Began examining them first documents from 30/2 Harrison Road, then from the garden, 15 G. M. Dutt's Lane, 38/4 Raja Nava Krishna Street, then from" 134 Harrison Road, then from 48 Grey Street at 25 Ryod Street. I made a full copy of Ex. 295 :― "BENGAL CAMP, NEAR. AJITS," 27th . December 1907.
"DEAR BROTHER Now is the time. Please try and make them meet for our conference. We must have have sweets all over India ready made for emergencies. I wait here for your answer . Yours Affectionately, BARINDRA KUMAR GHOSH." Page 102 The letters were in packets which were numbered, not the letters. Not possible to say from notes of the dates of my examination. Findings and supplementary searches of the garden were kept in Waterloo Thana. Some 7 pages of my note-book are torn. They were blank and at the end I had no paper and wanted some. It would be impossible to say from my notes the dates on which I examined documents of any particular search. I examined those of No. 15 at 25 Ryod Street. Besides garden documents I examined those of Nos. 134 and 38/4 at Park Street. In my book the examination of 48 Grey Street documents rnn from top of one page to a portion of the next. Then there is a break of 8 leaves. Then again it continues . for nearly 9 leaves. The entry about "sweets" letter is in this portion. Portions of entries about No. 48 are after those of No, 134. Some seven pages of my note book are torn. P. W. 198. Rakhal Das Roy.―Accused Purna is my sister's son. I never saw Purna at the Chatra Bhandar at Midnapur. P. W. 199. Jogendra Chandra Mandal.― Bolai Gangnly Sub Inspector took lease of No. 24 G. M. Dutt's Lane from my aunt. Last Baisak one morning I saw a man (i.e. Bhababhusan) going out of No. 15. P. W. 200. Anukul Chandra Roy.―Inspector. Tendered, but not cross-examined. P. W: 201. Inspector Kunja Behary Biswas.―On 23rd . June searched the house of Surendra Nath Mukerjee at Bankura. Ram Das Chakraburty lived in that house. Hasadanga is 24 miles from Bankura. Narendra Gossain's father has property there. Revolver Ex. 868 was found in the search. Ex. 1063-64 were also found. On Surimdra's hand was a tattoo mark of a sword and trident like the Jugantar crest. Ex. 1065 is a plan and after investigation I found it represents village Gopalpur and Mohont Kirtibash's house. P. W:. 202. Inspector Samsul Alam.―Assisting the Prosecution throughout. Ex. 231 was a box containing 200 books. Ex. 1408, 1409, 1411 1412-16, 1418-20, 1422-23, 1425-31 were in it. Ex. 541 was originally a bundle of letters. Ex. 1433 and 1434 were in it. In bundle Ex. 538 were Ex. 1436 and 1437. Ex. 1235-1238 were from garden from Ex. 237 .. The search property from Bejoy Bhattacharja's house were taken to 3 Didar Buks Lane on 1st July and I found a red note book containing formulae for explosives and the name C. K. Chakraburty. I went to Mr. Denham and we decided to arrest him next day. Cross Ezamined by Mr. Dass :― I was present throughout the enquiry against both batches before Mr. Birley. I was deputed especially to instruct the solicitor Page 103 to the crown. I did instruct him, both in the lower court and here. I also instructed him out of court. I have been present throughout the trial of this court. I know Babu Bijoy Krishna Bose, Pleader, since I was engaged in Mr. Birley's court. He was a pleader engaged there as well as here. I remember when sanction was put in before Mr. Birley on the 18th. I don't remember that Bijoy Babu objected to the sanction on the ground that cognisance had already been taken: there were so many objections throughout. I have not the slightest recollection about it. I don't think the matter was ever discussed: not with me, at least. Ques. With regard to Indu Bhusan, what is the case for the Crown: when did he join the conspiracy ? (Objected to. Disallowed). Ques. When do you say that Upendra Nath Banerji joined the conspiracy ? (Objected to. Disallowed). (Mr. Dass proposes to put an exactly similar question with reference to each of the accused. (Objected to. Disallowed). Ques. Is it the case for the Crown that all the accused joined the conspiracy at the same time ?(Objected to. Disallowed). Ques. Is it your case that the accused joined the alleged conspiracy on different occasions? (Objected to. Disallowed). Ques. I mean is it the case for the Crown ? (Disallowed). (Shown Ex. 12). Ques. Did you instruct the legal advisers of the Crown as to when the various persons joined the conspiracy ? (Disallowed). Ques. Did you instruct the Solicitor or the Counsel as to whether the accused joined at the same time or at different times ? (Disallowed). (Mr. Dass asks if he may ask any question as to the instructions which he gave, or what the case for the Crown is. He is told he may not). I have not a list of the persons alleged by the prosecution to be conspirators. I don't know if such a list was ever made. I did not give any instructions to anyone for such a list being made. Ques. Have you any objection to give the names of persons alleged to be conspirators P (Disallowed. He can only speak as to his own ideas, and those are irrelevant). (Shown Ex. 12). Ques. Taking the statement as a whole, did you give any instructions as to whether the various statements contained in it are true or false ? (Objected to. Disallowed). Ques. Can you say if the statement is true or false P Ans. I don't know. (Passage from confession read-I thought of taking men arrested"). Ques. Is that true or false Ans. I can't say what he thought. I don't know if he began to collect the band which was arrested. I don't know whether he started the "Jugantar" with Abinash and Bhupendra. Ques. Do you adopt that as part of the case for the prosecution ? (Disallowed). (Mr. Das's wishes to know if he can ask questions as to whether various statements in the confessions are part of the case for the prosecution. He is. told he cannot). Ques. How many overt acts do you allege on behalf of the prosecution that the accused persons committed ? (Disallowed). Ques. Or which Page 104 are they? (Disallowed). Ques. Is it the case for the Crown that everyone of the accused is guilty of all the offences charged, or that some one guilty only of the substantive offences and some of attempting or abetting? (Disallowed). There was a question of jurisdiction raised before Mr. Birley and he .said that (he had jurisdiction and had passed orders transferring the case to his file. I can't say to what order he referred. (Mr. Dass here repeats the question and it is disallowed). I don't know that various applications for bail were made before Mr. Birley. The keys of the boxes, as also of the Court-room, were kept by Anukul. The key of the box was never for a moment kept with a constable. There was no constable of the name of Tewari. The constable to whom you referred, was Mahammad Shukur: he comes to Court every day, being an Orderly to the Court-Sub-Inspector. This is he (shows). It is not a fact that the boxes were opened in all cases in my presence, when the Mukhtars or Pleaders for the Defence wanted to see documents. In some cases, I was there. Ques. Is it not a fact that in your presence the constables sometimes opened it ? Ans. If by "in your presence" you mean―under my supervision―I deny it: but in some cases, the Court-Sub-Inspector made over a key to open the box: in his presence. On many occasions Anukul and his Assistant Binod brought out Exhibits to the Defence Pleaders. Whenever Sukur opened the box, he did it in the presence of one of the Court-Officers. I always saw the key made over to Sukur by Anukul, when Sukur opened the boxes in my presence. Whenever I saw Sukur opening the box, I always saw him get the key either from Anukul or Binod. I swear, I have already taken my oath. Anukul never went out in connection with other cases to my knowledge: he might have. He was absent for 2 or 3 days when ill. I don't remember how many days, it was a few days: may be 6 or 7. I think Anukul was at Court on the day the approver was shot. He must have been there. The day on which the approver was shot, Binod left office in the afternoon and was absent the next day. I swear Anukul was in Court on 31st August and 1st September. (Mr. Das proposes to use petitions put in in Mr. Birley's Court with his orders on them. Mr. Norton objects. Reference may be made to them with the orders on them: the orders prove themselves, but it must be clearly understood that the petitions are no proof of the facts which they state. The Defence must give notice to the Crown of the petitions to which they propose to refer). (Mr. Dass proposes to put in the deposition of witnesses Nos. 141, 142, 147 of the Magistrate's Court to show dates. Mr. Norton says he will admit them to be Puma Chandra Biswas on 10th July, 13th July, Sashi Bhusan on 13th July, and Chandi Charan Mukherji on 14th July: in the case of the first batch. As the dates are admitted Mr. Dass does not want the deposition). Page 105 I got instructions from Mr. Denham about the various documents in this case from the day the evidence began in the "Lower Court up till now. I got them at his private room No.1, Kyd Street. I examined documents in his presence: during the time mentioned by me. That was in Mr. Birley's Court and also in M:r. Denham's room. By Court I mean the room in which Mr. Birley sat to hold his Court, and also his chamber. In the Court room it was not always when the case was going on but also in his absence: but with his permission and in presence of one of the Court officers, Anukul or Binod. In the other room it was in the presence of Mr. Withal, Mr. Denham, and one of the Court officers, Anukul or Binod. P. W. 203. Ramkumar Singh, Inspector.―I searched on 23rd and 24th June, 1908 the house of the Raja of Ambicanagore in Bankura. Palaram Chatterjee was his servant. Both of them were sent up but for the murder of Narendra Gossain, case was withdrawn. He was the principal witness. Surenc1m Mukerjee and Hamdas were sent up along with them. P. W. 204. Jadunath Haum.―Daffadar. I know Purna Sen. In Bhadra 1314 Purna came to Chandpur and stayed 2/3 days. On the last day of Bhadra he went to Nadia where his brother is a police Sub-Inspector. P. W. 205. Bakar Ali.―Inspector. I knew Hotilal Varrma He was tried before the Sessions Judge of Aligarh under sec. 124 1. P. C. He is in jail now. I searched his house and found 6 books Ex. 1503/1-6,. P. W. 206. Narain Inspector, Bombay. Saw Arabinda in Bombay in January 1908. He stayed 4/5 days. On 15th Jan. he delivered a speech at Girgaum. 5000 people were present. I made short notes and then sent a Report Ex. 80. On 19th delivered another speech and spoke about Swamj, Swadeshi, Boycott and National Education. Ex. 357/a is a photo of G. S. Khaparde, Pleader of Amravati. I took no notes of the meeting of the 19th . Page 106 |