JOKHAI Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Jokhai and Bhagwati, who were convicted by a Magistrate of Bhadohi (Banaras) for an offence punishable under Section 500, Penal Code, and each of whom was sentenced to pay a fine of Rs. 40, or in default of payment of fine to undergo rigorous imprisonment for one month. The applicants went up in revision to the Sessions Judge of Bhadohi ; but the revision was rejected. Now, they have come up to this Court in revision.

(2.) The facts which have given rise to this revision are these : The applicants, Jokhai and Bhagwati, and the complainant, Ram Sumer Chamar, live in the same village ; Jokhai is the Chaukidar, while Bhagwati is the Mukhia of the village. Ram Sumer filed a complaint against the applicants alleging that owing to enmity the applicants had circulated a false rumour in the village that the complainant's daughter-in-law, whose husband was away from the village, was pregnant and there was miscarriage; and that on hearing about the rumour a Sub-Inspector of police had come to his house, examined his daughter-in-law and found that the news circulated by the applicants was false. He further alleged that in consequence of the false rumour spread by the applicants, and in view of the visit of and examination of his daughter-in-law by the Sub-Inspector, both he and his daughter-in-law were defamed.

(3.) The applicants denied the allegations made against them ; but the trial Court found that the allegations made against the applicants were true. The learned Sessions Judge upheld the findings of the trial Court. In the Court of the session it was contended on behalf of the applicants that Ram Sumer, the complainant had no right to file a complaint, inasmuch as he was not an aggrieved person within the meaning of the expression used in Section 198, Criminal-P. C. This contention was repelled by the learned Sessions Judge who pointed out that in a joint Hindu family the father-in-law was so connected with the daughter-in-law that the defamation of the daughter-in-law was the defamation of the whole family, including the father-in-law; and that the proceedings were, therefore, rightly initiated by the father-in-law.