SOHAN LAL Vs. STATE

JUDGEMENT

(1.) Those are three connected cases two appeals and one revision which arise from the judgment dated 8th October, I960 of the Additional Sessions Judge, Mattuira. Appeal No. 1943 of 1960 has been filed by Sohan Lal Sharma, a practising Lawyer of Mathura, who has been convicted by the Additional Sessions Judge Under Section 500 I.P.C. and sentenced to a fine of Rs. 100/- and in default of payment of fine to simple imprisonment for vn days. Appeal No. 62 of 1961 has been filed by Narendra Mitra, editor, printer and publisher of a newspaper called 'Nai Lahar'. He has been convicted by the Additional Sessions Judge under Sees. 501 and 502, IPC and sentenced to a fine of Rs. 50/- under each count. In default of payment of fine he has been ordered to undergo simple Imprisonment for seven days. The Criminal Revision has been filed by the State of Uttar Pradesh with the prayer /that the sentences passed on the accused be enhanced.

(2.) The case of the prosecution is that between Z7-3- 1955 and 284-1957, K. B. Saksena, Tahsildar was the consolidation officer of Baldeo Circle in Mathura district. In the issue of 28-4-1956 of the newspaper 'Nai Later1 there appeared an article containing defamatory matter. Sohan Lal Sharma contributed the article and Narendra Mitra printed and published it in the said newspaper. The Article contained matters defamatory of K. B. Saksena. The original1 article is Exhibit Ka. 4 and it admittedly bears trie signatures of Sohan Lal Sharma, The complaint was file .Under Section 198-B Cr.PC

(3.) Both the appellants pleaded not guilty and denied the charges framed against them. Sohan Lal Sharma stated that the article was signed by him, but he denied that In sent It to Narendra Mitra for publication In Nai Lahar. He further stated that he could not say how it was published. He also stated that the matter contained in the article was not defamatory and the contents of the article were entirely true and he has been prosecuted only because he was opposed to corruption rampant in the department of Consolidation of Holdings/