MAYUR K PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these revisions are directed against the judgment and order dated 15-9-2009 passed in Criminal Appeal No.20 of 2007 by the learned Addl. Sessions Judge, Vadodara, confirming the judgment and order dated 27-2-2007 delivered by the learned Chief Judicial Magistrate, Vadodara, in Criminal Case No.3563 of 1999 whereby the applicants-original accused were sentenced to undergo SI for two months with a fine of Rs.1,000/-, in default, to undergo further SI for one month for the offence punishable under Sec.501 read with Sec.114 of IPC.

(2.) The case in short is that a a news item was printed and published in the daily newspaper "Dhabkar" on 18-9-1999 by the present applicants-original accused to the effect that the complainant, who was serving as Vadodara Rural Mamlatdar, was sensualist and was caught red-handed while flirting with wife of a doctor friend and was beaten by the residents of the society and thereafter handed over to Panigate Police Station. Since the said news article was published with a view to defame the complainant and to blackmail him, a notice was issued to the applicants-accused but no reply was received. Thereafter also, since another news article was published on 17-10-1999 giving reference to the news article published on 18-9-1999 defaming the complainant, a private complaint was filed by the original complainant-present respondent No.2 against the present applicants in the Court of learned Chief Judicial Magistrate, Vadodara, on 21-7-1999 for the offences punishable under Secs.500, 501, 502, 506, 507 and 114 of IPC. The original accused No.1 was the Editor while the original accused No.2 was the Resident Editor of the daily news newspaper "Dbabkar". The learned Magistrate recorded the plea of the accused wherein the accused denied the commission of offence. Thereafter, trial was commenced and during trial, the prosecution examined the complainant at Ex.17 and witness Minaxiben Govindbhai Desai at Ex.37. On filing of closing purshis by the complainant vide Ex.43, further statements of the accused under Sec.313 of Cr.P.C. were recorded. The accused examined Yakub Bhatia as the defense witness. Upon affording opportunity of hearing to the learned advocates appearing for the respective parties, learned Chief Judicial Magistrate, Vadodara, delivered the impugned judgment and order convicting and sentencing the applicants as aforesaid in the earlier part of this judgment. The appeal being Criminal Appeal No.20 of 2007 preferred before the Sessions Court was dismissed by the learned Addl. Sessions Judge, Vadodara on 15-9-2009, giving rise to prefer the present revisions.

(3.) When the aforesaid revisions have come up for hearing, with the consent of learned advocates appearing for the respective parties, this revisions are taken up for final hearing today.