NEELAKANTAN KAMALASANAN Vs. ACHUTHAN VASUDEVAN

JUDGEMENT

(1.) Complainant in C. C. 47/81 on the file of the Chief Judl. Magistrate's Court, Quilon is the appellant in this appeal. The private complaint filed against the accused 3 in number was one for offences punishable under S 500 read with S.34 IPC. Complainant is a Physical Education Teacher employed in the Government High School at Pattazhi. Accused I and 2 are the President and Secretary respectively of the Paramanandodayam S.N.D.P. Branch No. 676 at Maloor. The third accused is the Proprietor of Vijaya Press situated in Pathanapuram Town. The complainant's case is that on 16-3-1981 Ext. P1 pamphlet was printed by the third accused in his press at the instance of accused 1 and 2 in pursuance of their common intention to defame the complainant, and the copies of the printed pamphlets were distributed by the accused in several parts of the Quilon District including Quilon town. The contents of Ext. P1 are per se defamatory and that its publication is punishable under S.500 read with S.34 IPC.

(2.) The pamphlet is in the nature of an address to the members of the community, in order to bring to their notice the misdeeds of the complainant in his relationship with Maloor S. N. D. P. branch. It is alleged therein that the complainant is a defaulter in the payment of subscriptions and dues to the S.N D.P. branch and that without clearing the arrears of subscriptions the complainant was adopting a short-cut method of approaching the Adinattu S. N. D. P. branch No. 1263 for getting Vivaha Pathrika for conducting his sister's marriage. The complainant's activities against the interest of Maloor S.N.D.P. branch are narrated in Ext. P1. It has been further stated that they are the acts of a teacher, who should set an example to other members of the society. Reference was also made to the complainant's father's activities of similar nature. The complainant has been described as a Drill Master and an Ignoramus (hnhctZmjn)

(3.) On the side of the complainant pws. 1 to 8 were examined and Exts. P1 to P7 were marked. The accused got Dws. 1 to 3 examined and Exts. D1 to D10 proved. After considering this evidence, the learned Magistrate came to the conclusion that the conduct of accused 1 and 2 would come within the first Exception to S.499 IPC and hence they are not guilty of any offence. Accordingly all the accused were acquitted under S.255(1) of the Code of Criminal Procedure. Hence this appeal.