BHANUMATHI RAJAH Vs. M S P RAJESH

JUDGEMENT

(1.) THIS is an revision petition against conviction and sentence. The matter arose out of a private complaint. The complainant is the brother-in-law of the accused person. Both the complainant and the accused person are estate owners. In a particular estate, namely, Stanmore Estate, the complainant is having 9 shares and the accused person one share. On account of the disputes arising out of the partition between the parties, there have been several litigations between them. In this context, a letter was sent to the Assistant Collector of Central Excise, Salem and copies to some 6ther authorities and that letter was bearing the signature of the accused person. The complaint was filed to the effect that the contents of the letter have put the complaint to serious shame and lowered his prestige.

(2.) IN the trial Court, the case of the accused was that the letter was not sent by her. The trial Court found that the letter was sent by the accused person, that it was of such a nature as to cause harm to the reputation of the complainant and that it was done with the intention of doing such harm. Accordingly the trial Court convicted the accused for an offence punishable under section 500 of the INdian Penal Code and sentenced her to a fine of Rs.500/-.

(3.) THE two main grounds urged before this Court are: first, that it is not adequately proved that the letter, Ext.P-2, was signed and sent by the accused and secondly, the statement having been made to official authorities, it does not amount to defamation.