M ANBALAGAM Vs. STATE

JUDGEMENT

(1.) ANBALAGAM, the revision petitioner, was convicted of offences punishable under Section 29 of the Indian Telegraph Act and under Section 419 and Section 171c read with S. 171f of the Indian Penal Code, and was sentenced to rigorous imprisonment for six months under each charge by the learned Fifth Metropolitan Magistrate, Egmore. In appeal, the Sessions Judge, Madras Division, set aside the conviction and sentence under Section 29 of the Indian Telegraph Act, but confirmed the convictions and sentences imposed in respect of other offences. The revision petitioner challenges the convictions and the sentences.

(2.) THE facts : Mrs. Devatha Sampat-kumar, Phonogram Clerk, Central Telegraph Office, Madras, received an ordinary phonogram message on 7-1-1976 at about 9-20 p. m. That message from phone No. 75715 was intended for one Kannusami of Communist Party of India at Vedaranyam. The message was purported to be from one Kalyanasundaram and the content of the message was to 'boycott election'. The message, according to the prosecution, was not given by M. Kalyanasundaram who was the State Secretary of the Communist Party of India. The election referred to in the message was in respect of the office of the Chairman of Vedaranyam Panchayat Union Council. A letter, Ex. P. 7 was sent by Masilamani, Secretary of the party, Thanjavur district, enclosing the telegram, Ex. P. 4 to Kalyanasundaram, pointing out that a fraud has been played. Such a telegram was not sent by M. Kalyanasundaram. The Communist Party supported the Congress candidate, one Subramania Gounder. Ignoring the telegram, the Communist Party supported the Congress candidate who won the election. M. Kalyanasundaram lodged a complaint on 121-1976 and the law was set in motion.

(3.) THE defence was that the phonogram message was given by one M. Kalyanasundaram between 9 and 9-30 a. m. on 7-1-1976 and that the accused was not present at the time when the phonogram was given