The court asked him the reason for him being tried by the court. He answered, 'Some people gave false and malicious testimonies against me under pressure from the police, while some have testified against me because of personal enmity. He complained that magistrate Atal of Gwalior, had suddenly received a promotion with a raise of Rs. 100— 'both were rewards for him having testified against me in this case'.
Finally he said, 'I do not wish to call on any witness to testify about my innocence or in support of my statement.'
1 December 1948: The third phase of the Gandhi murder trial began. The chief prosecutor, C.K. Daftary, began his summing up.
'This special court and Special Judge Atmacharan are empowered to try this case. By a special ordinance the special judge was given the powers to grant a conditional pardon to the approver. The ordinancehas now been converted into an Act.'
Referring to the charges framed by the prosecution against all the accused, Daftary said, 'The murder of Mahatma Gandhi is not an action of Nathuram Godse individually. He was induced and encouraged and a conspiracy was hatched. Badge had an association with Apte since 1947. He would meet Apte in the office of Hindu Rashtra and sell him weapons, bombs and explosives. Badge's servant Shankar also used to be present then. Madanlal met Prof. Jain along with Karkare on 10 January; he had introduced Karkare to him as 'Seth'. Two-three days later Madanlal again met Prof. Jain, and narrated his exploits in Ahmednagar. At that time he told Jain about the conspiracy to murder Mahatma Gandhi.
'The 13th and 14th of January 1948 are very important dates. The court must take note of them. On the 13th Nathuram Godse nominated Apte's wife as a beneficiary on one of his life insurance policies and on 14 January he nominated his brother Gopal's wife as a beneficiary on the other policy. Nathuram and Apte have said many things in this court but have not said why these nominations were done.
'On 14 January, Apte and Godse came from Poona to Bombay. Badge and Shankar too travelled to Bombay with the arms and explosives. Gopal Godse had also submitted a leave application at Kirkee seeking leave from the 15th. This means that all of them had planed to meet in Bombay on the 15th. Madanlal and Karkare were also in Bombay on the 15th. Apart from Savarkar and Parchure all the other accused went from place to place in Bombay. They were carrying a bag full of arms and explosives. Madanlal and Karkare, Godse, Apte, Badge and Shankar left for Delhi on different days. After arriving in Delhi they stayed at various places. Gopal Godse was already in Delhi.'
Daftary then described their getting together in Delhi, practicing with the revolvers in the jungle, going to Birla House on the morning of 20 January and their conversations in Marina Hotel. He said, 'Their attempt to murder Gandhiji on the 20th failed, because Badge, who was entrusted the job of murdering Gandhiji, realised that all the others had ensured their escape and he was going to be the only one who would be caught red-handed. Madanlal exploded the gun cotton bomb according to plan, but Badge signalled Shankar not to do anything, nor did anything himself. All the others panicked and fled from the crime scene. The police arrested Madanlal. Badge and Shankar went to the Hindu Mahasabha Bhavan. They threw away the bombs and explosives they were carrying and left for Bombay that night. All the others also left Delhi.
'Apte and Godse moved around in Bombay using false identities and stayed in many hotels. On 27 January they again boarded a plane from Bombay to Delhi. That very day they went to Gwalior by the night train and stayed at Parchure's home. They obtained a pistol with Parchure's help. On 28 January both came back to Delhi. On the 30th Karkare was also seen with them at the Delhi railway station. The three went to the prayer ground that evening. Nathuram Godse fired three bullets at Mahatma Gandhi. The murder weapon and some unused ammunition was recovered from Nathuram Godse and he was taken into custody. On 14 February Apte and Karkare were arrested from Apollo Hotel in Bombay. Later, the other accused were also arrested on different dates. (This is incorrect; all the other accused had been arrested before Karkare and Apte. Badge was arrested on 31 January, Gopal was arrested on 5 February; Shankar walked into the CID office in Bombay and was arrested on 6 February. Savarkar and Parchure had already been taken into protective custody.)
Daftary said, 'Except for Savarkar and Parchure, the other accused shared a close acquaintance. Savarkar and Parchure are accomplices of a different kind. In the second week of January, Godse, Apte, Karkare, Madanlal, Badge and Shankar were seen together from time to time. On 20th the group was seen together at the prayer meeting. This leaves no doubt in my mind that there was a conspiracy to murder Mahatma Gandhi. The manner in which the accused arrived in Delhi, stayed at various hotels and then left from Delhi, raises suspicion in one's mind about their intentions. If their intentions were not mala fide, if they did not intend to perform an illegal act, what was the reason for using false identities, staying under assumed names?'
About the accused conferring at Marina Hotel, Daftary agreed that the charge was based solely on the testimony of Badge. 'It is not necessary that only an eyewitness can prove the existence of a conspiracy. It is usual that an accomplice is pardoned on the basis of a deal struck, he confesses about the plot and the plotters and is then asked to testify in court. It is true that the testimony of an approver must be proved in every possible manner and especially so, in important aspects. But if the previous behaviour of an accused is being reconsidered, the court can rely on the testimony of an approver. A court can sentence the accused on the basis of the testimony of one of the accomplices in the crime but it is reliant on the nature of the crime, the character of the criminals and the importance of the witness.
'Dr. Jain's testimony, confirmed and supported by the testimony of Angad Singh and Morarji Desai, proves that Madanlal was very much aware of the conspiracy to murder Mahatma Gandhi. Madanlal had informed Dr. Jain about this too. It is impossible to believe that, till 20 January, till the time when he was returning from Delhi with Badge, Shankar Kistayya remained blissfully unaware about the reason for their trip to Delhi.'
Then Daftary spoke about Badge's testimony, his going to Savarkar's home along with Nathuram Godse and Apte, and Shanta Bhaskar Modak's testimony of having seen Godse and Apte walking towards Savarkar's home. Daftary said that these should not be overlooked.
'It has been stated in Badge's testimony that Nathuram Godse told him that Gopal Godse had made arrangements for his trip to Delhi. This has been substantiated; Gopal applied for a week's leave on 14 January.'
2 December 1948: Daftary began by referring to Badge's testimony of testing the revolver in the jungle. 'Three to four forest guards saw the accused in the forest that day and have testified in court. Badge has testified that Gopal said something to the guards in Punjabi but they had spoken in Hindustani. Some Punjabi words could have been used or Hindustani could have been spoken with a Punjabi inflection.'
Daftary then spoke about the reference in Badge's testimony about the conversation between the accused that had taken place in Marina Hotel, before they left for Birla House on the 20th. 'The prosecution wishes to establish the fact that the accused assumed false names.' He presented extracts of the testimonies of other witnesses corroborating this in court, which proved that this part of Badge's testimony was true. 'Nathuram Godse had written in his diary that he gave 'Bandobhau' Rs. 50. Apte travelled to Delhi using the name 'Karmarkar'. At Marina Hotel, Badge chose 'Bandobhau' and Apte chose to call himself 'Karmarkar'. It was not new for the accused to adopt false names and use false identities.'
Daftary then referred to the taxi driver Surjeet Singh's testimony. He had driven the accused to Birla House on the evening of 20 January. 'This leads one to believe that all of them had congregated at Marina Hotel and went to the taxi stand with the intention to go to Birla House. This is what Badge has said in his testimony.'
Daftary continued to say that Apte was the gang leader; the chief conspirator. He took Badge and Shankar to Birla House on the morning of the 20th and showed them where Gandhi sat during the prayer meeting
. 'He took them to Birla House that evening and gave instructions. If they had not come to Delhi on a specific mission, how did they know where the others were staying?'
Daftary agreed that there were a few aberrations in the testimony and a few unsubstantiated allegations, but under the circumstances it was only natural. 'When my witnesses testify about one incident, individual testimonies are bound to differ, depending on the ability of the witness to recall and describe the incident.' He then mentioned about Nathuram, Apte and Gopal Godse rushing back in Surjeet Singh's taxi leaving Badge and Shankar behind. Then in support of his inferences, Daftary narrated the main points of Badge's testimony at the time of the cross-examination. 'It was said in the cross-examination that one needed to obtain permission to stay in the Hindu Mahasabha Bhavan. If this is true, Shankar and Badge must have received permission to stay there, otherwise it must be accepted that there was no need to obtain permission. There seem to be some discrepancies about the time of the meetings between Apte and Dixit Maharaj and Apte and Badge, but at the same time one must consider the ill health of Dixit Maharaj at the time of the meeting and the time that had lapsed between the meeting and its reference during the testimony.'
Responding to the argument of the defence that Badge's testimony was inconsequential, Daftary said, 'Badge is an ordinary man, doing very ordinary work and he does not have a very brilliant character. Neither is he very learned, but the court cannot dismiss his testimony as unreliable only on the basis of these traits.
'On the evening of the 20th the accused had to modify their earlier plan because Badge refused to step in to Choturam's quarter and declared that he preferred to fire on Mahatma Gandhi from the front. It is very natural that Badge could have said this fearing being trapped and caught in the room.
'The accused have alleged in their statements that they were ill treated, harassed and subjected to torture. The defence lawyers must refrain from levelling such accusations against the police officers, since the officers did not have an opportunity to answer the charges.' He then referred to Badge's cross-examination and said that the questions asked showed that certain preconceived assumptions had been made about the evidence. 'A defence counsel had asked Badge if it was not true that Apte had severely castigated him on the evening of 19 January at the Hindu Mahasabha Bhavan for not bringing volunteers even after he had been paid. Three conclusions can be made from this question. One, all of them had gone to Hindu Mahasabha Bhavan; two, they had a meeting; and three, some money had been given. Badge has displayed an uncanny ability to recollect, he is filled with courage and self-confidence. For seven days he continuously faced a barrage of questions and did not waver even once. If his testimony was false and based on untruth, if he was not a member of the gang of conspirators, he would not have been able to recollect the events so graphically and accurately, he would not have been able to sustain his claims without ever faltering once during his cross-examination.'
3 December 1948: Daftary informed the court that by using extracts of the testimony of other witnesses he would prove the link between them. 'Shanta Modak travelled from Poona to Bombay on the evening of 14 January, Apte and Godse travelled with her. Badge had also said that Apte and Godse came to Bombay on that day and later that night Apte, Godse and Badge went to Savarkar's home.
'The defence counsels had not challenged Shanta Modak's testimony. Dixit Maharaj's testimony confirms that (1) On 15 January arms and explosives were inspected at Dixit Maharaj's home; (2) Demands were made for one or two revolvers; (3) Dixit Maharaj was asked to provide a revolver; (4) Badge asked Dixit Maharaj to finance the purchase of a revolver; (5) Arms and explosives worth rupees thirty to forty thousand were procured to be sent to Kashmir; (6) These people were embarking on an important mission.'
Daftary said, 'All this has been established to be true although there were some discrepancies about the dates. This could have resulted from the fact that Dixit Maharaj could not clearly recollect certain incidents, because he was not involved in the conspiracy.
'On 26 January the demand for a revolver was again made. Apte and Godse went to meet Dixit Maharaj that day. The defence has not disputed the testimony regarding this meeting during their crossexamination. No question was asked regarding the talks that took place at the time of the meeting.'
He then referred to the argument that Dixit Maharaj's testimony was a result of pressure exerted on him by the police. 'The defence could have asked Dixit Maharaj during his cross-examination if he was testifying under pressure from the police. But this was not done. Dixit admitted that he bought and distributed illegal arms and explosives and provided swords and daggers to Hindus in Bombay for their defence. During that time many people believed this was right. Dixit Maharaj is the spiritual head of a community. So we must accept his testimony as being true. It was alleged that he must have testified to save his own skin. But whom was he trying to save himself from? He was not part of the conspiracy. Now it is being said that since Dixit Maharaj is a Congress supporter he is testifying against the accused, but he has denied this allegation. He participated in the Quit India Movement, but many non-Congress Indians also did so. He was not confronted with any such allegation during his cross-examination either. From all this it can be inferred that there is similarity between the testimonies of Dixit Maharaj and Badge.'
Referring to the testimony of Dada Maharaj, Daftary said, 'Apte sent a person to Pandharpur to meet Dada Maharaj. That was Karkare in all probability. Dada Maharaj knew Apte and Karkare very well. If Apte and Godse intended to hold a peaceful demonstration in Delhi, why did Apte tell Dada Maharaj, "You will come to know when we perform the deed"? Apte and Dada Maharaj had talked about blowing up trains, bridges and the national assembly of Pakistan. So it is natural for Dada Maharaj to assume that something big was being planned. Apte was also alluding to something big happening, which he did not wish to reveal at that time.'
Daftary then referred to Amchekar's testimony. 'It has been alleged that Nagarvala used his influence to get Amchekar a job. The latter should have been asked this question during his cross-examination, but the defence counsels did not do so. Nagmode, Shelar and Kharat have referred to the "stuff" supplied by Badge. Many witnesses have testified that they saw the accused in Delhi between 17th and 20th January. That evening, Sulochana Devi had also seen Godse, Apte, Badge and Madanlal. Sulochana actually saw Madanlal lighting the fuse of the gun cotton bomb. The bomb explosion was not the handwork of Madanlal alone. The presence of .all the accused at the venue of the prayer meeting that day, at the time of the explosion, coupled with the testimony of Badge, which is further supported by the testimony of many witnesses, proves that there was a larger conspiracy to murder Mahatma Gandhi.'
Daftary then mentioned Choturam, who it was alleged had made his confession under pressure from the police; however, no reasons were mentioned as to why he was pressurised.
4 December 1948: Daftary continued his summing up. He referred to the testimony of the Birla House sentry, Bhursinh, who had seen Nathuram Godse, Madanlal, Badge and Gopal Godse at the prayer meeting venue on the evening of the 20th. He had also identified the coat worn by Madanlal at the time of his arrest, which had been made part of the authenticated evidence. 'Madanlal has not made any reference to the coat in his written statement submitted in court. But when questioned he replied that it was not the coat he was wearing at the time of his arrest. However, when the coat was seized by the police, along with a hand grenade, Magistrate Sahni and Sub- Inspector Daswanda Singh had been present.
'Apte has accepted that he had gone to the prayer meeting on the evening of 20 January; he says he was not in a taxi but in a private car. He saw Badge and Shankar walking while he was on his way to Birla House, so he stopped and asked them to get into the car and go along with him. The defence has failed to satisfactorily sustain this testimony during their cross-examination. Many other witnesses have testified seeing the accused at the prayer meeting venue on the evening of the 20th. It proves beyon
d doubt their presence at the venue in connection with achieving a common objective.'
Daftary then established the presence of Nathuram Godse, Narayan Apte, Karkare, Badge, Amchekar, and Gopal Godse in Delhi, and where they had stayed by citing the testimonies of the witnesses from Sharif Hotel and Marina Hotel, implying that they had gathered in Delhi to achieve a common objective.
'After the explosion, Apte and Nathuram Godse went to Kanpur; Badge and Shankar left for Bombay and then Poona; and Karkare and Gopal Godse went to the Frontier Hindu Hotel, Delhi, the last having been substantiated by the manager of the hotel. Gopal Godse intentionally entered the wrong time in the guest register of Frontier Hindu Hotel. It is possible that while Badge was attaching fuses to the gun cotton explosives in the bathroom of Room 40 of Marina Hotel on the afternoon of 20 January, he was unable to see what transpired between Gopal and Nathuram Godse and so did not mention anything about it in his testimony.'
6 December 1948: On the fifth day of his summing up statement, Daftary said: 'The occurrence of events leads one to believe that there was definitely a conspiracy to murder Gandhi. Five of the accused have admitted that they had gone to Birla House on the evening of the 20th for various reasons. I fail to understand how they all reached Birla House, almost simultaneously, without there being any plan or previous agreement.
'It has been proved beyond doubt that the accused used to indulge in the purchase and sale of arms, bombs and explosives. When all the events are seen together, the existence of a very comprehensive conspiracy is established. Along with the evidence, it has also been shown that Apte, Nathuram Godse, Karkare and Madanlal all subscribed to a common ideology. They were all opposed to Gandhi's philosophy.'
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