S.RAMU Vs. M.VALLUVAN

JUDGEMENT

(1.) This Criminal Revision in Crl.R.C. No. 938 and 971 of 2014 are filed by the Accused 1 and 2 and Accused 3 and 4 respectively, aggrieved by the Judgment of the Learned Judicial Magistrate No.1, Virudhachalam, dtd. 24/09/2010, in C.C.No.70 of 2006, thereby, convicting the petitioners/accused 1 to 4 for the offence punishable under Sec. 500 of Indian Penal Code and imposing a sentence of 6 months Simple Imprisonment and fine of Rs.750.00 each, in default of payment of fine, to undergo Simple Imprisonment for a period of one month and under Sec. 501 of Indian Penal Code and imposing a sentence of 6 months Simple Imprisonment and fine of Rs.750.00 each, in default of payment of fine, to undergo Simple Imprisonment for a period of one month and the Judgment of the Learned III Additional District and Sessions Judge, Cuddalore at Virudhachalam, dtd. 07/08/2014 in Crl.A.Nos.115 and 120 of 2014, thereby dismissing the appeal by confirming the conviction and sentence of the trial court.

(2.) This is a case on a private complaint by the respondent, namely Dr.N.Valluvan, filed on 06/01/2004 under Sec. 200 of the Code of Criminal Procedure, complaining of the offence of defamation. The gist of allegations in the complainant is that the complainant was the Chairman of Virudhachalam Municipality and he conducted himself in a straightforward manner and brought out all the corruption and misdeeds of the office bearers, councilors and others and attempted to cleanse the system. Irked by the same, the four accused who are Ex-Vice-President and present councilors, printed a 4 page hand bill and titled "Perceived to be mentally affected -(Picture)- Municipal Chairman Dr.M. Valluvan" (It is mentioned in Tamil "kdepiy ghjpf;fg;gl;ljhf fUjg;gLk; (picture) jiytu; lhf;lu; K/ts;Std;) inserting his picture in between the two lines, distributed the same, which contained the above innuendo defaming his character and reputation, besides other defamatory statements. Upon complaint, the Learned Magistrate recorded the sworn statements of one Sivamoorthy on 13/02/2004, and Dr.N.Valluvan, the complainant on 13/02/2004 and one Balamurugan on 16/02/2004 and thereafter took cognizance of the offences under Ss. 500 and 501 of the Indian Penal Code and issued summons to the accused. Upon appearance and being furnished with the copies as per Sec. 207 of Cr.P.C., the accused denied the charges and stood trial.

(3.) Thereafter, the complainant examined himself as PW-1, One Balamurugan as PW-2, One Sivamoorthy as PW-3, One Mappillai as PW-4, One Samuel Kennedy as PW-5 and One Murugan as PW-6. On behalf of the complainant, the handbill, regarding the complainants protest was marked as Ex.P-1; the offending handbill, printed and distributed by the accused, as Ex.P-2; the legal notice, caused by the complainant to the accused as Ex.P-3; the reply notice issued by the accused as Ex.P-4; the rejoinder notice, issued by the complainant, as Ex.P-5 and the news item in Tamizhan Express as Ex.P-6.