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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.
-45_Twenty Sixth Day^s Proceedings.htm
TWENTY-SIXTH DAY'S
PROCEEDINGS
Mr. Norton continuing his
address on behalf of the Crown said—One of the main instruments so far
as the literary portion of the conspiracy was concerned was the
“Yugantar." Counsel proposed to read passages from every issue of the
"Yugantar" which was put in by the prosecution. these passages would
show what was really the object at which these people aimed.
These articles might
shortly be summarised as follows :—It was impossible to read the columns
of the "Yugantar" without coming to the conclusion that it was a call to
arms and a call to preparation, and that in both cases it was an
ultimate call to achieve the
-63_Forty Fourth Day^s Proceedings.htm
FORTY-FOURTH DAY’S
PROCEEDINGS
Mr. Das continuing his
reply on behalf of the appellants said that in February; 1909, Nirapado
was nineteen years of age. Both the Assessors found him not guilty, one
of them being of opinion that the conspirators made use of Nirapado in
doing very minor . works. The Sessions Judge found him guilty under
Sections 121
Page 341
(A) and 122 and sentenced
him to ten years rigorous imprisonment. In this case Mr. Norton had
first referred to the watch witnesses. Mr. Das submitted that the
evidence of the watch witnesses was not reliable. Much had been said by
the prosecution as to Nirapada’s presence at N o. 15, Gop
TWENTY-THIRD DAY’S
PROCEEDINGS
Mr. Chukervarti continuing
his address said that on Thursday he was dealing with the question about
the Chhatrabhandar being concerned with the conspiracy and in order to
formulate matters, which were alleged for the purpose of establishing
that proposition by the Crown, Counsel desired to place before their
Lordships the summary of the grounds of suspicion. One of them was that
there was a provision that thirty percent. of the profits should be
devoted to the benefit of the public. With
Page 274
regard to this particular
complaint he need not labour because the learned Judge had pointed out
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Reference-Sixteenth Day^s Proceedings.htm
-85_Reference-Sixteenth Day^s Proceedings.htm
SIXTEENTH DAY’S
PROCEEDINGS.
The further hearing of the
Alipore Bomb Case was resumed today, when Babu Nagendra Nath Banerjee
continued his reply in the case of the Sen Brothers of Sylhet. He
submitted that when the Advocate-General began his reply he said that he
would deal with the cases of the two brothers separately, but
unfortunately he used against Susil not only the evidence that specially
affected Susil but all the evidence that touched Biren, the other
brother. This was prejudicial to the interest of the appellants. He
further submitted that the letters and other alleged incriminating
documents were found in a house where several person
Srijut Bijoy Krishna Bose
FOREWORD
A publication intended to
reproduce authentic reports of some of the more outstanding criminal
trials attests its own merits and needs no foreword from me or any one
else. As I chanced to lead for the Crown is the trial related in this
volume in all three Courts - the Magistrate's, the Sessions Judge's and
the High Court- I presume my intimate connection with the case has
prompted the appeal to me for something in the nature of an
introduction.
The political history of a people in
unfortunately often mirrored in the Courts of Justice. The reflection
is, however, only partially faithful. Much that has led to criminal
-24_Fifth Day^s Proceedings.htm
FIFTH DAY’S PROCEEDINGS
Mr. Das, continuing his
address, said that when the court rose on Thursday he was dealing with
the confession of Barindra Kumar Ghose. There was one point of view from
which he desired their Lordships should consider this question of the
admissibility of the confession. Apart altogether from the question as
to whether it could he admissible under any other section of the
Evidence Act his submission was that their Lordships would remember that
at the time when these confessions were recorded the Magistrate was in
seisin of the case and that he began the enquiry as it were by taking
these statements from the accused persons. He sub
CHARGES
WITH ONE HEAD
I, C. P. Beachcroft, Esq.,
Addl. Sessions Judge,24 Perghs., hereby charge you (names mentioned
below) as follows:―
That you or about the 12
months preceding May 15th 1908, at various places in Bengal,
including 32, Muraripukur Road, Maniktola, which is within my
jurisdiction, collected men, arms or ammunition, or otherwise prepared
to wage war with the intention of either waging or being prepared to
wage war against the King-Emperor.
And thereby committed an
offence punishable under section 122 of the Indian Penal Cord and within the cognizance of the Court of Sessions.
And I hereby direct that
you be tried by the said Court on the sa
-25_Sixth Day^s Proceedings.htm
SIXTH-DAY'S PROCEEDINGS
On their Lordships taking
their seats, Mr. Norton said : Since your Lordships asked me that
question in regard to section 121. I have had a consultation with the
Government and my
Page 220
instructions are to leave
the matter to your Lordships. They desire me not to withdraw the charge
under section 121 for two reasons among others. First, it involves a
charge against Indra. Nath Nundy who is one of the second batch and
against whom no such defects can be argued as those regarding the charge
against the first batch. Second, the Government are anxious that there
should he a decision on the various questions of law which they
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Reference-Sixteenth Day's Proceedings.htm
Sixteenth Day's Proceedings
SIXTEENTH DAY’S
PROCEEDINGS.
The further hearing of the
Alipore Bomb Case was resumed today, when Babu Nagendra Nath Banerjee
continued his reply in the case of the Sen Brothers of Sylhet. He
submitted that when the Advocate-General began his reply he said that he
would deal with the cases of the two brothers separately, but
unfortunately he used against Susil not only the evidence that specially
affected Susil but all the evidence that touched Biren, the other
brother. This was prejudicial to the interest of the appellants. He
further submitted that the letters and other alleged incriminating
documents were found in a house