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Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Reference-Twelfth Day's Proceedings.htm
Twelfth Day's Proceedings
TWELVTH DAY’S PROCEEDINGS
His Lordship resumed the
hearing of the reference when the Advocate-General continued to deal
with the case against Susil Kumar Sen, one of the Sen Brothers of
Sylhet.
Page 410
While the Advocate—Genera1
was referring to the formulas contained in two notes found at Sylhet,
his Lordship enquired whether there was anything to show that these
formulae tallied with those found in the garden at Calcutta.
The Advocate-General
replied that exhibit 34, a book on "Explosives" found in the garden,
contained word for word the formulae found in the Sylhet exhibits and
this fact
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Reference-Thirteenth Day's Proceedings.htm
Thirteenth Day's Proceedings
THIRTEENTH DAY’S
PROCEEDINGS
His Lordship resumed the
further hearing of the reference in the Alipore Bomb Case.
The Advocate-General had
finished his argument as regards the first four accused, Sailen,
Krishnajiban, Susil and Biren, and he continued his argument in the case
against Indra Nath Nundi. The incriminating circumstances against this
accused was his connection with the "Chhattra Bhandar," with the "Jugantar"
newspaper and his relations with Taranath Roy Chowdhuri. This Taranath
used to live at 4 Raja's Lane and on a search being made arms and
ammunition were found in a trunk said to belong to Taranath.
FIFTEENTH DAY'S PROCEEDINGS
On Tuesday, when the Court rose,
Mr. Das was dealing with the cases of those appellants who had not
made any confession in the lower Court. Counsel First took up the case
of Poresh Chunder Moulik and dealt with the exhibits against him and the
evidence of watch witnesses.
It had been said that Barin in his confession referred to Paresh as one of the men in the
garden. Counsel said that Barin was asked who were the men in the
garden at the time he was arrested and he named Paresh as one of the
men who were being then instructed on religious and political
subjects. Mr. Das said that this certainly did not go
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/List of documents admitted in evidence.htm
List of documents admitted in
evidence for the prosecution.
( Circular order No. 6 of 18th
November 1901 )
Distinguishing mark or number
Description of document
By whom filed
Date of admission.
Whether admitted after or without objection.
Remarks
1
2
3
4
5
6
Ex. 1 ...
Sanction for prosecution of 33 persons signed by Chief Secretary to
Government of Bengal
Prosecution
18th
May '08
After objection.
Ex. 2 to 2...
1 - 12
Search List of 32 Muraripookar Road , Manicktolla of May 2nd
1st
-44_Twenty Fifth Day^s Proceedings.htm
TWENTY-FIFTH DAY’S
PROCEEDINGS
Mr. Norton continuing his
address on behalf of the Crown said that when the court rose on Saturday
he had brought their Lordship to the 15th March, 1906, as
being the date on which the first issue of the "Yugantar" appeared. In
connection with that the registration of the "Yugantar " under the Press
Act was on the 12th March. It was stated to have been printed
at the Kamala Press at 36, Bonomali Sircar’s Street. So regarding the
details of the "Yugantar" he did not propose to trouble their Lordships
at resent, but he would have to deal with the object and motives of the
"Yugantar" at greater length when he would come to
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
TWENTIETH DAY’S PROCEEDINGS
Mr. Das continuing his
address said that on Monday he was dealing with the case of Nirapado Roy
and was dealing with the watch witnesses. Counsel dealt with the
evidence of the watch witnesses Suresh, Satish and Surat Palit. Mr. Das
next dealt with the exhibits. Exhibit No. 76 was a note book containing
not the name of Nirapada., but of Nirmal The case for the prosecution
was that Nirmal was the name of Nirapada. Counsel could not say if there
was any evidence at all in the record with regard to that. The
prosecution called certain witnesses from Midnapur and two of them
referred to Nirapada as Nirmal. They did
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Twenty Nineth Day's Proceedings.htm
Twenty Nineth Day's Proceedings
TWENTY-NINTH DAY’S
PROCEEDINGS
Mr. Norton continuing his
address on behalf of the Crown said that on Thursday he was seeking to
show that Mr. Birley in recording the confessions, which he dig on the 4th
May was competent under the law. to record them under Section 164,
inasmuch as the law enabled him so to do, because at that time it was
impossible, that he could take cognizance of the offences for which
these men were being tried.
Page 298
Mr. Norton then went on to
say that his argument was that Mr. Birley was well within his rights
when he acted under section 164. He based his argument on the fact
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Thirty Seventh Day's Proceedings.htm
Twenty Seventh Day's Proceedings
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.
Ind
Resource name: /E-Library/Compilations/English/Alipore Bomb Case/Reference-Fifteenth Day^s Proceedings.htm
-84_Reference-Fifteenth Day^s Proceedings.htm
FIFTEENTH DAY’S PROCEEDINGS
DEFENCE REPLY.
Babu Bejoy Krishna Bose,
vakil, was called upon to reply on behalf of Krishna Jibon Sanyal and
Sailendra Nath Bose. He said :—My Lord, so far as my two clients are concerned, I need not take up your Lordship’s time by replying to all the
general observations made by the learned Advocate-General except a few
which directly concern. my clients. But I can not altogether remain
silent and let the opportunity pass without strongly protesting against
certain observations made by the Counsel as showing the attitude of mind
with which he approached the consideration of this case. Today, my Lord,
at 3-20 p