P. RAMASWAMI Vs. M. KARCNAAIDHI

JUDGEMENT

(1.) THIS appeal is against the conviction and sentence for one year (S. I.) with a fine of Rs. 2000 imposed upon the Appellant by the learned Chief Presidency "Magistrate, Egmore, Madras. The charge was one of defamation and the prosecution was under Section 500 I.P.C.

(2.) THE Appellant is the Editor, printer and publisher of a Tamil weekly journal called 'Nathigam' which is printed and published in the 'Periyar Press' at Madras. The first Respondent herein was the Editor of a Tamil dally sailed "Murasoli" in the year 1967. He was also the Treasurer of the Dravida Munnatra Kazhagam, a political party in this States . He was a member of the Madras Legislative Assembly and in it he was the Deputy Leader of the Opposition. He was a partner in "Mekhala Pictures", a concern engaged in the production of films. He was also an incometax Assessee.

(3.) WHEN the questioned in court, the Appellant admitted, that it was he who published the article, but stated that the accounts produced in court were forged and manufactured by the then General Secretary, Thiru C.N. Annadurai, in connivance with the other leaders of his party. He further asserted that the amounts were spent by P.W. 1 for the "Mekhala pictures" and that there was a later adjustment of the funds, after the gale of the picture "Marakka Mudiyuma". D.W. 1 deposed that he attended the conference at Tiruchirapalli and that some persons talked about the misappropriation and utilisation of the election funds by P.W. 1. D.W. 2, the Sub Editor of the Nathigam paper, stated that he visited Tiruchirapalli on 9th June 1966, that he gathered some news, that he learnt utilisation of the election funds and that it was he who wrote the article.