-57_Thirty Eighth Day^s Proceedings.htm THIRTY-EIGHTH DAY’S PROCEEDINGS Mr. Stokes continuing his argument on behalf of the Crown referred to the statement made by Sishir Kumar Ghose before the Sessions Judge. Mr. Das: I do not know whether my learned friend can refer to that statement before the Sessions Judge. It is neither signed by the Sessions Judge nor does there appear the usual certificate under Section 364 of the Criminal Procedure Code. Mr. Das: Not one of them is signed or certified except the statement of Arabinda as I End it from the records now. Page 325 Carnduff J: Do you say it is only signed in the case of Arabinda ? Mr. Das: Yes and in the cas

SUMMARY OF JUDGMENT This case comes up on a reference under section 429 of the Criminal Procedure Code with respect to five appellants- Krishna Jiban Sanyal, Sailendra Nath Bose, Birendra Chandra Sen, Susil Kumar Sen and Indra Nath Nundy. These persons together with fourteen others were convicted by the learned Sessions Judge of Alipore of offences under Chapter VI of the Indian Penal Code. All the nineteen prisoners appealed, one died pending the appeal. As to thirteen the learned Judges who heard the appeal were agreed: as to the remaining five they differed. The Chief Justice held that the appeal should be allowed in the cases of the five persons whos

-23_Fourth Day^s Proceedings.htm FOURTH DAY’S PROCEEDINGS Mr. Norton who argued on the question raised as to the Government authority to charge under section 121 I. P. Code said that the Government authority did not specifically give sanction to prosecute under section 121, but that authority was intended to invest Inspector Purno Chunder Biswas with the power of adding charge under section 121 only. As to the commitment by Mr. Birley the question was did he commit legally or without authority. Counsel suggested Mr. Birley was entitled to add the charge under section 121 just as much as Inspector Biswas was entitled to add it to his complaint. If Mr. Birley was in law so entitled to d

-65_Forty Sixth Day^s Proceedings.htm FORTY-SIXTH DAY’S PROCEEDINGS Mr. Das continuing his reply on behalf of the defence said that he would first deal with the law points. From the petition it was evident that the case for the prosecution was limited to a cons- piracy to wage war. In this connection he would draw their Lordships' attention to the charges; the first three charges were under Section 121, and the fourth charge was under section 121 (A). Therefore the charge was also limited to the specific charge of waging war and that was the object of the conspiracy. The subsequent paragraphs of the charge all go out because they were superfluous having regard to the petition. The

First Day's Hearing   Justice Sir Richard Harrington,  Bart.    FIRST DAY’S PROCEEDINGS        Babu Bejoy Krishna Bose in opening the case said that the case for the prosecution was that the appellants were members of a gang whose object was to wage war against the King- Emperor and several places were mentioned by the prosecution as the haunt of the conspiracy. In pursuance of that conspiracy five overt acts were committed. Of those five two were futile attempts upon the train carrying Sir Andrew Fraser, late Lieutenant Governor of Bengal, near Chandernagar on the East-Indian Railway. The police had no information of these two attempts and they came t

-64_Forty Fifth Day^s Proceedings.htm FORTY-FIFTH DAY’S PROCEEDINGS Mr. Das continuing his argument said that when the Court rose on Friday he was dealing with the case of Biren and had put before their Lordships the letter which was the most important and the most valuable. There were certain other letters to which reference had been made by his learned friend some of which were not evidence at all. If for instance their Lordships looked at exhibits 520-83 that was a letter written by somebody whose name did not appear, to Nogendro. Another letter 520-11 was written by a man named Probodh to Biren. Counsel referred to the other letters and said that these were all the documents found at

THE JUDGMENT On the 6th May 1909 the following order was passed : Judgment delivered. Accused Birendra Kumar Ghose and Ullaskar Dutt are sentenced to death under sec. 121, 122 A, and 122 I. P. C. and they are informed that if they wish to appeal Page 144 they must do so within one week. Accused Hem Chandra Das, Upendra Nath Banerjea, Bibhuti Bhusan Sarkar, Hrishikesh Kanjilal, Birendra Chandra Sen, Sudhir Kumar Ghose, Indranath Nandy, Abinash Ch. Bhattacharya, Sailendra Nath Bose are sentenced to transportation for life under Sec 121, 121 A, and 122 I P C. Accused Indra Bhusan Roy is sentenced to transportation for life under sections 1

-20_First Day^s Hearing.htm Mr. Justice Carnduff, I.C.S APPEAL BEFORE THE HIGH COURT. On the 25th May, 1909, Barindra K. Ghose and Ullaskar Dutt filed an appeal before the Criminal Bench of the High Court presided over by Justices C. P. Casperz and A. E. Ryves against their convictions and sentence. The same was admitted. On the same day Asoke Chundra Nundy and Indra Nath Nundy filed separate appeals and 15 other accused persons tiled another appeal jointly. All were admitted and usual notices on the Crown were issued and from 9th August arguments commenced which occupied the time of the Court for 47 days. FIR

SANCTION (!) Whereas it has been made to appear to His Honor the Lieutenant-Governor of Bengal that there is reason to believe that during a period commencing from about the 16th October 1905 to date at Manicktolla (32, Muraripukur Road), Calcutta and other places, the following persons have committed offences punishable under sections 121A., 122,123 and 124 of the Indian Penal Code, Babu Chandra Biswas, Inspector of Police, Criminal Investigation Department, Bengal is hereby ordered and authorized by His Honor the Lieutenant-Governor of Bengal under the provisions of Section 196 of the Code of Criminal Procedure to prefer complaint against and to prosecute these persons

Distinguishing mark or number Description of Articles Date of Admission Whether admitted after or without objection. REMARKS 637 One brass shell bomb 8th June 1908 Without.             638 One wooden frame Ditto Ditto 639 One empty leather revolver case Ditto Ditto 640 A manuscript plan Ditto Ditto 641 Another manuscript plan Ditto Ditto 642 Another manuscript