BABU SINGH Vs. STATE

JUDGEMENT

(1.) The applicant. Babu Singh, was prosecuted for an offence punishable under Section 500 of the Indian 'Penal Code. He was tried by a Special Magistrate, first class, at Mainpuri, who found him guilty. He was, accordingly, convicted and sentenced to pay a fine of Rs. 5l/- or in default of payment of fine, to undergo simple imprisonment for three months. He preferred an appeal to the Sessions Judge of Mainpuri; but it has been dismissed. Now. he has filed this revision.

(2.) The facts found by the courts below are these:

(3.) The applicant sent a reply to the notice mentioned above. In his reply he denied that he had purchased any ornaments, and characterized the demand as false. He further alleged that the false claim had been put forward because the complainant along with his friend, Lajja Ram, had attempted to outrage the modesty of or to commit rape upon a sweeper woman, whose husband had, at his (applicant's) instance, lodged a report against him (complainant) and also because he was suspected of having committed the murder of Babu Earn Mahabrahmin. The reply was sent by post in a registered cover addressed to the complainant. The imputation made against the complainant was false and actuated by ill-will and previous enmity; and the applicant had not taken care to verify the truth of the allegations made by him against, the complainant. The applicant was not entitled to the benefits of any of the exception mentioned in Section 499 of the, Indian Penal Code.