JUDGMENT

Fletcher, J. - This is a suit to recover damages resulting from an alleged conspiracy.

2. The present suit is one of five analogous suits brought against the present defendants arising out of a criminal case which was commonly known as the Midnapore Bomb conspiracy Case. The Emperor v. Santosh Chunder Dass 13 C.W.N. 861 : 9 C.L.J. 663 : 2 Ind. Cas. 681 : 10 Cri.L.J. 125.

3. The plaintiff, Peary Mohan Das, is about 68 years of age. He appeared to me to be older. He was formerly in Government service as a Sub-Registrar of deeds--but in the year 1884 his services were dispensed with owing to his having returned to the person presenting the same a deed which was believed to be forged.

4. Since the year 1881 the plaintiff has lived in Midnapore where ho appears to be held in respect; and esteem.

5. The first defendant, Mr. Donald Weston, is a member of the Indian Civil Service and was formerly District Magistrate and Collector of Midnapore. The second defendant, Moulvi Mazaharul Huq, is a Deputy Superintendent in the Bengal Police, Having been employed for sometime in the Criminal Investigation Department, towards the end of 1907, he was Appointed as Deputy Superintendent of Police at Mindnapore. The third defendant, Babu Lal Mohun Guha, is an Inspector in the Bengal Police, and in the year 1908 was Inspector of Police at Mindnapore.

6. The plaintiff's wife is Basanta Kumari. Basanta, who is old and infirm, is mother's sister (mashi) to Dr. Rash Behari Cthose, C.S.I., one of the leading Vakils of this Court.

7. The plaintiff has three sons, Ashutosh, Santosh Chandra and Paritosh.

8. In the early part of the year 1908, his household consisted of himself, his wife, his three sons, a grandson (daughter's son) Jotindra Nath Sen, a cook, a maid servant and a boy servant, Bonomali Das. In addition to these there were the young ladies in the zenana. On the 14th January 1908, Santosh who had obtained the appointment of a probationary Sub-Inspector in the Bengal Police went to the Police Training College at Ranchi.

9. On the 3rd May the plaintiff's house and six other houses at Midnapore were searched by the Police but nothing incriminatory was found. What the reason for this search was or from whom the information emanated which led to the Bearoh we do not know, but apparently it had been intended by the authorities that these searches should take place simultaneously with the searches in Calcutta in connection with the Alipore Conspiracy.

10. On the night of the 13th of June Santosh returned to his father's house owing to the vacation at Ranchi. On the 3rd July the plaintiff's son Ashutosh, who was a mail clerk in the Midnapore Post Office, was transferred on six hours' notice from Midanpore to Muzufferpore.

11. On the night of the 7th July, the Moulvi applied for search-warrants to search the plaintiff's house and Hanumanjee'a temple of which one Surendra Nath Mookerjee was the pujari.

12. The application for the search-warrants was made to Mr. Nelson, late at night. On the morning of the 8th July, the search of the plaintiff's house was conducted by the Moulvi and Lal Mohun, assisted by others of the Police--the house being surrounded by the Military Police Almost at the end of the search a bomb was discovered in the plaintiff's baitakhannah and Santosh was arrested. The search party was in charge of Mr. Brett, the Assistant Superintendent of Police.

13. The bomb was subsequently taken to Mr. Weston and afterwards opened by Captain (now Major) Weinman, I.M.S., then Civil Surgeon at Midnapore. Upon the bomb being opened by Major Weinman, it was found to contain a large number of shots and brownish-yellowish powder which on examination by the Chemical Examiner proved to be a mixture of sulphide of arsenic and chlorate of potash. This mixture is used in what are commonly known as "throw-down" bombs much in use in this country. The bomb, however, contained almost one ounce of the powder. The evidence of the Chemical Examiner proves that the bom