P. ARULAPPAN Vs. M. AYILSAMY AND ORS.

JUDGEMENT

(1.) BY consent, the main revision itself is taken up for final disposal.

(2.) THE revision petitioner is the private complainant in C.C. No.81 of 2008 on the file of the Court of Judicial Magistrate, Valliyoor and it was filed to prosecute the respondents herein for the commission of offence punishable under Section 500 of IPC. According to the revision petitioner / private complainant, he is a retired professor and his wife is the proprietor of Kalvi Press at Panagudi and they are Protestant Christians and the first respondent in this revision / first accused is a Hindu and the second respondent / second accused is a Catholic Christian and both of them belong to Udayar and Moopanar communities (also called as "Parkava Kulam"). The respondents / accused had circulated a defamatory letter marked as Ex.P5 dated 12.11.2001 stating amongst other things, that the revision petitioner herein / private complainant has been ex -communicated from Parkava Kulam on the ground that his father -in -law has filed a civil suit against the individuals and thereby brought the name and fame of the community to disrepute.

(3.) AFTER completion of the complainant's side evidences, both the accused were questioned under Section 313(1)(b) of the Code of Criminal Procedure, 1973, with regard to the incriminating circumstances made out against them in the evidence tendered by the prosecution and they denied it as false.