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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
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regard to this particular
complaint he need not labour because the learned Judge had pointed out
that in point of
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THIRTY-SEVENTH DAY’S
PROCEEDINGS
Mr. Norton continuing his
address on behalf of the Crown referred to the marks on Indra Nath’s
body and read the evidence relating to them. It was incumbent on the
defence to have given substantial evidence with regard to the so called
marks and thus to have `given the Crown an opportunity of testing the
truth or otherwise of the story put forward as regards the marks on his
body. As regards Indra Nath’s connection with the Chatra Bhandar it was
admitted that he was the Secretary of that Association, 40 per cent of
the earnings of which were to be set aside for the good of the country.
Indra Nath’s name also appeare
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FORTY-FIRST DAY'S
PROCEEDINGS
Mr. Norton continuing his
address on behalf of the Crown in the case against Birendra Nath Sen
said that among the documents found at the search of this appellant’s
house at Sylhet was a letter addressed to Birendra by one Probodh .Of
whom the Crown knew nothing. This letter was clearly an answer to a post
card written by Birendra to Probodh, and it breathed a spirit of
insubordination to the constituted authority of the land. Counsel
submitted that the letter went to show that the views entertained were
really those of Birendra and it showed further that he was in entire
sympathy with the views expressed by the writer. It
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SIXTH DAY’S PROCEEDINGS
His Lordship resumed the
further hearing of the reference in the Alipore Bomb Case. The Advocate
General continuing his argument on behalf of the Crown narrated the
overt acts. He began with the attempted bomb outrage at the house of the
Mayor of Chundernagore. It was in evidence that in the first week of
April three bombs were sent to Indra. It had been proved that the bombs
that were thrown at the Mayor’s house contained sulphide of lead. The
usual ingredient used in bomb-making was sulphide of antimony. There was
nothing to show why this departure was made in this case. It was proved
that the black powder that was found in
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
EIGHTH DAY'S PROCEEDINGS
Their Lordships
having taken their seats Mr. Das said :—My lords, before I proceed to deal with
the case I beg to bring to your Lordships’ notice the fact that one of
the appellants before
Page 226
your Lordships died last
night and that is Asoke Chandra Nandi. He was arrested at 134 Harrison
Road and was tried in the High Court under the Arms Act for the fact
that bombs were found at 134. He was subsequently acquitted of that
charge and inspite of that acquittal proceedings against him under
section 121 were continued before Mr. Birley. Further, inspite of the
clear finding of Mr. Birley that the ev
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TWENTY – FOURTH DAY’S
PROCEEDINGS
Mr. Chuckervarti continuing
his address on behalf of Indra Nath Nandi said he had only a very few
observations to make with regard to the judgment in the .Jamalpur case.
His submission was that that judgment was not admissible in evidence in
support of the previous conviction and that was admitted. It was not
admissible as a fact showing either the state of mind or intention of a
person within the meaning of section I4 of the Evidence Act. He
understood Mr. Norton to suggest that it was evidence under section 14
of the Evidence Act. In point of fact the judgment and conviction was
not a " fact" within the meani
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Eighth Day's Proceedings
EIGHTH DAY’S PROCEEDINGS
His Lordship resumed
The Advocate-General
continuing his address, referred to some more incriminating evidence
against Krishnajiban Sanyal. He then took up the case of the appellant
Sailendra Nath Bose who was convicted by the Sessions Judge of Alipore
under sections 121A. and 122 of the Indian Penal Code and sentenced (to
transportation for life. The case against this appellant, said the
Advocate-General, was simple. There was ample evidence to prove his
connection with the garden, No. 48, Grey Street, the Yugantar and Seal’s
Lodge at Deoghur. To show this appellant’s connection with the garden,
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Twenty - Fourth Day's Proceedings
THIRTY-FOURTH DAY’S
PROCEEDINGS
Mr. Norton continuing his
address on behalf of the Crown said that at the last sitting of the
Court he was dealing with the case of Sudhir Kumar Sircar and was
discussing the postcards and he would repeat his remark that they were
scurrilous post cards. The case for the Crown had always been, and still
was, that the postcards and the other letters did go from Khulna and
were written by Sudhir. But should it be that it was not so, and should
it be that these two letters were in the handwriting of say Nibaran,
then Counsel submitted that that fact, if true, made the case against
Sudhir infini
THE REFERENCES
BEFORE JUSTICE
SIR RICHARD HARRINGTON,
Bart.
FOR THE CROWN :―
Mr. G.H.B. KENRICK, k.c.
Advocate – General ,
MR. HARRY STOKES
Counsel,
Babu ATULYA CHARAN BOSE
Vakil.
SOLICITORS:― ORR. DIGNAM
& CO.,
:
FOR DEFENCE:―
Babu Bejoy Krishna Bose, Vakil
for
Krishna Jiban Sanyal & Sailendra Nath
Bose.
Babu Nagendra N. Banerjee, Vakil
for
Sushil Krishna Sen
& Birendra
Chandra Sen.
Mr. Chakravarti
Mr. Monmotho N. Mukerji
For Indra
N. Nundy.
As there was a difference
of opinion between their Lordships the Chie