DATTU RAMA ATWADKAR Vs. PARVATHIBAI

JUDGEMENT

(1.) The petitioners Dattu Rama Atwadkar, Toppanna Rama Atwadkar and Shattu Rama Atwadkar were convicted for the offence punishable under S.500 IPC., and sentenced to pay a fine of Rs.300 each and in default of payment of fine, it was ordered that the petitioners be sentenced to undergo SI., for three months by the Judicial Magistrate, First Class, Belgaum. The petitioners appealed to the Court of the Sessions at Belgaum. The II Additional Sessions Judge, who heard the appeal concurred with the decision of the Court below and consequently dismissed the appeal. Aggrieved by this decision, the petitioners have preferred this revision petition.

(2.) Parvathibai, respondent herein, is the widow of one Ghalagu who died about forty years ago. After the death of Ghalagu, the respondent as an heir of her deceased husband, was in actual possession of the landed properties which were originally in possession of her husband. After the death of her husband, she was leading a pious and chaste life. The petitioners 1 to 3 are sons of Rama, who was the brother of her husband. Respondent-1 filed a complaint against the petitioners alleging that the petitioners with the evil intention of taking the properties which were in her possession, published a notice in the weekly paper called Marathi Belgaum Samachar on 17th June 1967, making imputation against her. The relevant part of the imputation being:

(3.) The petitioners admitted having published the said statement in the newspaper touching the character of respondent-1 and there is no dispute in this case that such a statement was published at the instance of the petitioners 1 to 3 in the weekly newspaper and that was widely circulated. There cannot be any doubt that the imputation made by the petitioners is a serious one and as stated by respondent-1 it must have lowerer her reputation among the public in general and in particular among her people. In addition to that there cannot be any doubt that her health was affected.