BHOLARAM SAHU Vs. PARASNATH SAHU

JUDGEMENT

(1.) The appeal is directed against judgment dated 29.11.2018 passed by Judicial Magistrate First Class, Raipur in Criminal Case No.8280/1997 wherein the said Court acquitted the respondents for the charge under Section 500 of the Indian Penal Code, 1860 for commission of offence of defamation on 28.9.1995.

(2.) As per the version of the appellant, he was working as Teacher in Government Girls Higher Secondary School and as such he was a Govt. servant. Respondent No.1 Parasnath Sahu is the Sarpach of Gram Panchayat Bhilai, Development Block Arang and remaining respondents are the Panch of the said gram panchayat. On 28.9.1995, the respondents submitted an application before the Collector, Raipur in which it is mentioned that the appellant is nuisance creator, anti-social, thief and he maliciously misused position of his mother who was a Panch at that time. It was also alleged that the appellant was selling liquor and encouraging encroachment. The Collector appointed Naib Tahsildar as enquiry officer for the said complaint who forwarded the application to Sub Divisional Magistrate, Raipur and thereafter to Tahsildar, Raipur to enquire into the matter. Said complaints were time and again made to blemish the image of the appellant and to harm the reputation of the appellant. That is why complaint was filed before the trial Court under Section 200 of the CrPC. which resulted into acquittal.

(3.) Learned counsel for the appellant submits as under: