STATE Vs. U M MOIDEEN KUNHI AND ORS

JUDGEMENT

(1.) This appeal is by the State challenging the judgment and order in Crl.A.Nos.425 & 427/2005 dated 28.03.2006 acquitting the respondents for the charge under Sections 153A, 120B and 504 read with Section 34 IPC by setting aside the conviction ordered by the learned Magistrate, Mangalore.

(2.) Respondents 1 and 2 are the accused who are said to have conspired with accused No.1 for preparation of defamative article in the newspaper of which accused No.1 was editor and publisher. The Trial Court had convicted the respondents and the case against first accused was abated as he was murdered. The order of conviction was challenged in an appeal and it came to be set aside by the learned Sessions Judge. Aggrieved by the acquittal, the complainant had preferred Crl.RP No.1300/2006 and this Court vide order dated 07.11.2006 has dismissed the said revision petition.

(3.) This appeal is by the State challenging the order of acquittal. The State is also a party in the revision petition aforesaid. Any of the parties ought to have brought it to the notice of Court about the pendency of this appeal. It is in this context that though the revision petition preferred by the complainant has dismissed, this appeal has come up for hearing.