-28_Nineth Day^s Proceedings.htm NINTH DAY'S PROCEEDINGS Mr. Das said the main point he made on the plans was that on the 6th different places were shown in the hall at the garden and it was not explained how certain things found on the 7th and 8th were not noticed on the 6th when the different places inside the hall were shown to the plan-maker. Counsel did make an observation: with regard to the numbers, but he now found that Inspector Frizoni in his evidence said : "On the 6th I think I took some blank form of search lists. I do not think I took a copy of the search list on the 2nd . The plan maker was there that day. I pointed out the places where several things were found. I gave him

Twenty Sixth Day's Proceedings 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 regar

Distinguishing mark or number Description of Articles Date of admission. Whether admitted after or without objection. REMARKS 133 One cardboard box with various contents 19th May 1908 Without.           134 Sand tied in a towel Ditto Ditto 135 Striped coat Ditto Ditto 136 Knife found in CXXXV Ditto Ditto 137 Railway Key found in CXXXV Ditto Ditto 138 Cash 2

  ARGUMENT Judge :―Does not the witness Sukumar Sen say who was the editor ?                   Mr.  Das :―The witness stated that Bipin Chandra Pal refused to act as joint editor along with Arabinda Ghose. He wanted to have the entire control of the paper as the editor-in-chief. But there was difference of opinion. Arabinda Ghose was offered the editorship but he refused to take the sole responsibility. For he could not do that. He was at that time the Principal of the National College. In only one issue his name was published as editor. But in 'the next issue it was taken off.      Judge :―Some addre

-71_Reference-Second Day^s Hearing.htm SECOND DAY’S PROCEEDINGS His Lordship resumed the further hearing of the Alipore bomb case reference when Babu Bejoy Krishna Bose continued his argument on behalf of Sailendra Nath Bose and Krishnajibon Sanyal. The Vakil observed that the Muraripukar garden was used as a monastery for imparting religious and political training, and the Goabagan house was used for making bombs in November and December. This was evident from the confessions of Ullaskar Dutt and Rishikesh Kanjilal. The appellants were found in the garden in the garb of Sanyasis. It was also in evidence and that was the case for the prosecution that new recruits were given religious

JUDGMENT

-72_Reference-Third Day^s Proceedings.htm THIRD DAY’S PROCEEDINGS The further hearing of the Alipore Bomb case was resumed on the 5th Jan. 1910 when Babu Nagendra Nath Banerjee, Vakil, addressing the Court on behalf of Susil Kumar Sen and Birendra Chandra Sen said that he would first deal with the case against Susil Kumar Sen. So far as the watch witnesses were concerned no reliance could be placed on them. The Sessions Judge in his judgment had said that no reliance could be placed on the evidence of the watch witnesses. Mr. Justice Carnduff, however, was of opinion that the watch witnesses were entitled to consideration. Mr. Justice Carnduff had not the advantage of seeing the witnesses

-37_Eighteenth Day^s Proceedings.htm EIGHTEENTH DAY’S PROCEEDINGS Mr. Das continuing his address on behalf of Sudhir Kumar Sirkar said, there were three or four Sudhirs and there was nothing in the documents found to show which Sudhir was meant. Then again there were several Sudhirs who stayed at the garden. If there Lordships were satisfied that exhibit 774 was written by Sudhir, then his case stood on a different footing. Exhibit 774 was a post-card addressed to Upendra Nath Banerjee, Sil's Lodge, Deoghar, and was signed by Sudhir. There was nothing in that post-card about the garden except the postscript which ran as follows "The condition of the garden is bad ; monkeys are enteri

Seventeenth Day's Proceedings SEVENTEENTH DAY’S PROCEEDINGS        His Lordship concluded the hearing of the reference in the Alipore Bomb appeal.      Mr. B. Chakravarti in replying to the observation of the Advocate-General regretted that his learned friend had introduced into his address matters which had no basis in evidence on the record. Especially in a case of gravity and importance like the present one, it was unusual and improper for the Crown counsel to have done so. He should be sorry if it was the practice in England to introduce into an address for the prosecution matters which found no place on the record, but he must say from the little

-29_Tenth Day^s Proceedings.htm TENTH DAY’S PROCEEDINGS Mr. Das continuing his address said, he had already made his submissions on the questions of law bearing on the searches. He desired only to give their Lordships a reference from the Bengal Police Code, Volume I, l897, rule 65, clause 4 sub-clause (m) page 433. These rules were proved under section 102 of the Criminal Procedure Code. After reading rule 65 of the Bengal Police Code, Mr. Das said : —- If any articles are found in execution of a search warrant they have to be produced before the Court which issued the search warrant and the things are to be disposed of by the order of the Court. As a matter of fact, we have got no o