ASHOK KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the judgment dated 24.1.2002 passed by the Additional Sessions Judge, Korba in Criminal Appeal No.170 of 2001 arising out of judgment of conviction dated 25.7.2000 passed by the Judicial Magistrate First Class, Korba in Criminal Case No.598 of 2000.

(2.) Revision Petitioner No.1 is the printer and publisher of a newspaper called "Dainik Lokswar". Revision Petitioner No.2 is a Press Reporter of the said newspaper. A complaint under Section 500 IPC was filed against these two Revision Petitioners by Respondent No.2, Shri Banwarilal Agrawal, who was, at the relevant time, the Chairman of the Special Area Development Authority, Korba that a total defamatory news was published in the aforesaid newspaper and by this publication they harmed the reputation of the complainant and defamed him. The allegations levelled against the complainant are of such a nature that the accused should have been aware that by levelling such allegations they would harm the reputation of the complainant.

(3.) The publication in question is Ex.D-3, which has been exhibited both by the complainant as well as by the Petitioners. It is a front page news in which it is alleged that there is embezzlement of crores of rupees in Korba Special Area Development Authority. Within this main news, there is another box news titled as "Banwari and many others are big fish in the net of corruption". In this box news item, it has been mentioned that there is misappropriate of crores of rupees in Korba Special Area Development Authority and it is not only Judicial Officers and Contractors who are involved, amongst others the name of complainant Banwarilal Agrawal, who was a member of the Legislative Assembly, has also been mentioned. It has been mentioned that the Chief Executive Officer of Korba Special Area Development Authority Shri Amarjeet Singh has admitted that some more cases of corruption in the Special Area Development Authority could be investigated by the police. The most defamatory part of the news is as follows: