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FIRST DAY
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
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Lists of Articles connected with the offence.htm
Distinguishing mark or number
Description
of Articles
Date of
Admission
Whether
admitted after or without objection.
REMARKS
972
pieces of iron
20fh july 1908
Without
973
pieces of iron
Ditto
Ditto
974
Brass lid of au Engine
oil-box
Ditto
Ditto
975
A piece of lead pipe
Ditto
Ditto
976
Postal parcel receipts
Ditto
Ditto
P W No. 179
977
Chalan received wit
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Reference-Fourth Day's Proceedings.htm
Fourth Day's Proceedings
FOURTH DAY’S PROCEEDINGS
The further hearing of the
Reference in the Alipore Bomb case was resumed to-day.
Mr. B. Chuckraverty, who
appeared with Babus Dasarathi Sanyal and Debendra Chandra Bhattacharjee,
on behalf of Indra Nath Nandy, addressing the Court said that his client
was convicted by the Sessions Judge in disagreement with the Assessors,
under Sections 121, 121 (A) and 122 of the Indian Penal Code and was
sentenced to transportation for life. The Assessors were for acquitting
Indra Nath. The case for the Crown in connection
Page 403
with this appellant rested
mainly on the evidence of two
TWENTY-FIRST DAYS
PROCEEDINGS
Mr. Das continuing his
address said that when the Court rose on Tuesday he was dealing with the
case of Balkrishna Hari Kane and
Page 268
had shown to their
Lordships that if they considered the circumstances they would End that
on the day, the witnesses said they made their journey from Howrah to
Nagpur, the journey was impossible. Counsel had pointed out that the
prosecution did not take any steps at all till the 1Sth or rather the
19th May. This was extraordinary. Counsel had already submitted before
their Lordships the evidence of Balai Ganguli, in which he said that he
was
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Thirty Second Day's Proceedings.htm
Twenty - Second Day's Proceedings
THIRTY-SECOND DAY’S
PROCEEDINGS
Mr. Norton continuing his
address took up the case of Hrishi Kesh. On the 11th May
Rishikesh made a confessional statement and was also implicated by the
confessional statements of Barindra Kumar Ghosh and Ulhskar Dutt.
Mr. Norton then referred to
the various documents, which, the prosecution alleged, showed Rishikesh
connection with the conspiracy. Judging from his confession Rishikesh’s
vindictiveness against British Rule would probably tempt him to in as
man men as he could. The phrase "preaching the new cult" which occurred
in one of the documents, said Counsel, could not
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Twenty Second Day^s Proceedings.htm
-41_Twenty Second Day^s Proceedings.htm
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 f
DECLARATION OF PRESSES
Press
Owner
Where
Date of
Declaration
Papers printed according to
declaration of papers
Keshub Printing Works
Keshub Ch. Sen Gupta
7, Santiram Ghose's Lane
25.3.1904
Sandhya till
9-7-1907
Bande Mataram,
21-8-1906 22-10-1906
Saraswati Press
(Name changed to Sihna Press)
kanak Ch. Nan
Nikunja Lall Dutt
Satish Ch.Dass
Surendra Nath Sinha
193,
Cornwallis Street
Ditto
Ditto
23, Sib
Narain Dass' Lane
24-11-1905
16-11-1906
14-5-1907
6
-21_Second Day^s Hearing.htm
SECOND DAY’S HEARING
Mr. C. R. Das continuing
his address said that when the Court rose on Monday he was dealing with
the point of jurisdiction. Before he left the point of the want of
jurisdiction generally as apart from the particular charge, he desired
to point out the evidence of certain witnesses with reference to what
transpired before Mr. Thornhill. The first witness was Inspector Purna
Chandra Biswas who said that the complaint was written by the
Commissioner of Police and presented by him to Mr. Thornhill. It was
against Arabinda's "gang of outlaws." He produced 7 men before Mr.
Thornhill on the 5th May and they were sent to Alipore.
Therefore what
TWELFTH DAY’S PROCEEDINGS
Mr. Das continuing his
address dealt with the charge under section 121A of the Indian Penal
Code and submitted that a conspiracy meant a particular intent and
combination or in other words an intent and agreement between the
different persons charged. His authority for that contention was to be
found in Roscoe’s Book on Criminal Law, 12th edition, page 367.
After reading an extract
from the book in question Mr. Das said the first question was this :
Unless the prosecution could prove that all the persons charged were
parties to that agreement the offence was not made out. The essence of
the offence was t
-55_Thirty Sixth Day^s Proceedings.htm
THIRTY-SIXTH DAY’S
PROCEEDINGS
Mr. Norton continuing his
address on behalf of the Crown referred to the evidence of the shadowing
witnesses against Sailendra and said that there was no doubt that
Sailendra was
Mr. Norton then dealt with
the case against Balkrishna Hari Kane. The evidence against him was
documentary and the central pivot of the case for the prosecution
against this man was that his name was mentioned by Barin. Kane had all
along been alluded to as the Madrasi and his name was not known until
the 3rd or 4th of May when Barin made a statement
`to the police.
The Chief Justice : How can
a statement made by Barin to the police