KALI DAS BASU Vs. EMPEROR

JUDGEMENT

(1.) The four appellants Kalidas Bose, Narendra Nath Bannerjee, Bhujanga Bhushan Dhar and Hari Das Dutta have been convicted by the Chief Presidency Magistrate of an offence under Section 120-B, Indian Penal Code read with Section 19 (f) of the Arms Act (XI of 1878) and Section 109 Indian Penal Code and sentenced each to two years rigorous imprisonment. Two. charges were framed in the Magistrate s Court against the four appellants and three other persons, Anukul Chandra Mookerjee, Girindra Nath Bannerjee, and Asutosh Roy, one under Section 120-B, Indian Penal Code, read with Sections 379 and 109, Indian Penal Code, and the other under Section 120-B read with Section 19 (f) of the Arms Act and Section 109, Indian Penal Code. Anukul, Girindra and Asutosh were acquitted on both charges being given the benefit of the doubt. The four appellants were convicted in the second charge only, Three other persons Baidyanath Biswas, Purba Doyal Marwari and Upendra Nath Sen had also been put upon their trial, but on the 12th November 1914, the case against them was withdrawn and they were discharged.

(2.) Both the charges alleged the conspiracy of the seven accused with one another and with Srish Chandra Mitter, Bepin Ganguli, Suresh Ganguli, Ganesh Chandra Bose and others unknown. The charges of conspiracy were framed in general terms, but the overt act, on which the. prosecution relied on each charge was the theft of some 50 Mauser pistols and 46000 cartridges from Messrs. Rodda & Co. and the subsequent transportation of those pistols and cartridges from one part of the city to another.

(3.) The part of the prosecution case which established the theft of these pistols and cartridges by Srish Chandra Mitter, up to the point when he deposited them at what has been called the Ironyard in Malanga Lane is not challenged by the appellants. It is unnecessary, therefore, to set it out in detail. Suffice to say that the offence was committed by Srish Chandra Mitter on 26th August 1914, and the goods deposited by him at the Ironyard early in the afternoon of that day. Srish did not attend Messrs Rodda & Co s office on the 27th or 28th. On the 28th Mr. Prike was sent to find him at his house but he was not to be found. On 29th August 1914 another clerk was sent to take delivery of the remainder of the consignment, of which the goods in question formed part. It was then discovered that these goods were missing and information was given to the Police, who took immediate steps in the matter. Srish Chandra Mitter disappeared from 27th August 1914 and has not yet been traced. Kali Das and Narendra were arrested on suspicion on 30th August 1914. Bhujanga was arrested at his house on 1st September on the identification of the two coachmen Nur Mahomed and Shaikh Abdul. Haridas Dutt was not arrested until 11th October 1914. The case against him rests on an entirely different footing and must be separately dealt with. The case against Kalidas, Narendra and Bhujanga though the evidence diverges at certain points is in the main the same. Their appeals may, therefore, be conveniently taken together, any points of difference being noted. We may first notice the evidence of association of these appellants with one another, with Srish Chandra Mitter, and other persons who were or may have been members of the conspiracy charged. The conspiracy in the charge is placed between 1st March and 30th August 1914. Kalidas Bose, who lives at 7 Haldar s Lane, was in 1912 Secretary of the Niswa Hitaishini Sabha and after that a member. Girindra Bannerjee was also a member, while Srish Chandra Mitter used to collect rice for the Sabha. This was no doubt a non-political society, but the object of the evidence relating to it was to prove acquaintance at least between Kalidas, Girindra and Srish Chandra Mitter. Kalidas at first, when questioned by the Police, denied acquaintance with Srish Chandra Mitter. He now admits it, as he could hardly help doing, seeing that it has been abundantly proved. Srish Chandra Mitter (P. W. No. 42) speaks of Kalidas, Anukul and-Srish consorting together at the wrestling yard at 23 Madan Boral s Lane.