J CHELLIAH Vs. RAJESWARI

JUDGEMENT

(1.) THE revision petitioner, Chelliah, is accused 2 in C. C. No. 726 of 1964 on the file of the Additional First Class Magistrate, Coimbatore. The petitioner was charged along with accused 1 and 3 originally under Section 500, I. P. C. , but he alone was convicted under Section 500 I. P. C. , and sentenced to pay a fine of Rs. 200 by the learned Additional First Class Magistrate. On appeal, the conviction and sentence were confirmed by the learned Sessions Judge, Coimbatore. There are no merits in this revision petition.

(2.) THE only point that has been raised by the learned Counsel is that even assuming that the allegations made by the revision petitioner were per se defamatory, the lower Courts must have held that he made such allegations in good faith and in the interests of his sisters claiming the benefit of exception 9 to Section 499 I. P. C. Both the Courts below have negatived the contention of the petitioner. To appreciate the contentions raised by the learned Counsel for the petitioner, it may be necessary to note the facts of the case briefly:

(3.) ACCUSED 1 Satyanathan is a bus operator in Salem. One Thambithurai was the son of accused l's brother. The petitioner and accused 3 are the cousins of the said Thambithurai. Accused 2 was also the Manager in the Bus Transport business of accused 1. On 16. 2. 1964, Thambithurai married P. W. 1 Rajeswari, against whom the allegations in the question were made, as per Hindu rites and customs, after converting himself into Hinduism. After the marriage, P. W. 1 and Thambithurai were living as husband and wife in Sankaridrug in Salem Dt. P. W. 1 conceived. On the night of 14. 8. 1964, about six months after the marriage, Thambithurai met with a car accident and died on the next day. Thambithurai was possessed of considerable properties, both moveables and immoyeables. He had a car which was involved in the accident. At the time of the accident, Thambithurai had a cash of Rs. 7000, diamond ring and other valuables P. W. 1 was having the keys for the Godrej safe and other admirals in which the valuables were kept. After the death of Thambithurai, accused 1 approached P. W. 1 and told her that it would not be proper for P. W. 1 to keep the keys as she was young. Saying that he would settle the matter in respect of the properties of Thambithurai, he took the keys from P. W. 1 and also took the cash, diamond ear ring and other valuables. As the sisters of Thabithurai began to give trouble to P. W. 1, she came away to Tier house in Coimbatore. She later approached accused 1 for settlement. But he did not care to take interest in the matter.