A KESAVA BHATTA Vs. VENKITARAMANA BHATTA

JUDGEMENT

(1.) THIS is an appeal with special leave by the complainant in C. C. No. 42 of 1963 on the file of the District Magistrate, tellicherry, against the order acquitting the accused of offence punishable under S. 500 I. P. C.

(2.) THE gist of the complaint was that the 1st accused preferred a false complaint before the Adhur Police Station stating that the complainant, his brother and their father set fire to a cow pen and a watching shed belonging to and in the possession of the 2nd accused, that the police after investigation found the complaint to be false and referred it, that the 1st accused then filed a complaint before the Magistrate containing the same averments, that the Magistrate finding that there was prima facie case committed the accused in the case, namely, the complainant, his brothers and their father, to stand their trial before the Sessions Court, that the Sessions court acquitted the accused finding that the case has not been proved, and that accused 2 to 5 abetted the 1st accused in the commission of the offence by giving false evidence in the Magistrate's court and before the Sessions Court. THE case of the complainant was that the allegations in the complaint in that case that the complainant his brothers and their father set fire to the cow pen and the watching shed are per se defamatory and have lowered his reputation among the public, and therefore the accused committed an offence under S. 500 I. P. C.

(3.) THE 1st accused preferred a complaint Ex. P5 before the Adhur Police Station alleging that the complainant, his brothers and their father set fire to the cow pen and the watching shed belonging to the 2nd accused, along with two other accused. That complaint was referred by the police as false. Ex. P8 is the refer notice issued on the report. THE 1st accused filed a petition protesting against referring the case and thereafter filed Ex. P3 complaint before the Sub Magistrate. On the basis of this complaint, the Sub Magistrate enquired into the complaint and finding that there was prima facie case committed the accused to the court of Sessions to stand their trial. THE Sessions Court, after trial passed Ex. P2 judgment finding that the accused there were not guilty. THE main reason for finding that the accused were not guilty was that the evidence adduced on behalf of the prosecution was not trustworthy and that the case of the accused that the cow pen and the watching shed caught fire accidentally cannot be ruled out. Before the Sessions Court as well as before the committing Magistrate's Court, accused 1 and 3 to 5 had given evidence supporting the case of the 1st accused.