MAHENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is an application in revision by Mahendra Singh against the judgment and order dated 3 -6 -1981 by Sri R.A. Misra, Sessions Judge, Saharanpur by means of which he dismissed Criminal Appeal No. 527 of 1980 and confirmed the judgment of Sri S.K. Raturi, Munsif Magistrate, Hardwar, convicting the applicant under Sec. 500 of the Indian Penal Code and sentencing him to pay a fine of rupees two hundred only and to undergo simple imprisonment for three months.

(2.) The applicant was a resident of Nai Basti Bhim Goda, Hardwar, and was the Editor of a Hindi weekly 'Sahkarita Ka Shankh Naad'. In its issue dated 26 -7 -1979 a news item under the heading "Bhavi Desh Ka Nirmataon Se Bachao" was published, which contained certain defamatory imputations against Vishan Dayal. Consequently Vishan Dayal filed a complaint against the applicant under Ss. 500, 501 and 502 of the Indian Penal Code in the Court of the learned Magistrate, who convicted him as aforesaid.

(3.) The first point raised by the learned Counsel for the applicant was that the news item published in the Hindi weekly was not defamatory because it fell under Ninth Exception of Sec. 499 of the Indian Penal Code. Ninth Exception shows that an imputation would not be defamation if it is made in good faith and for the protection of the interests of the person making it or of any other person or for the the public good. It was urged that in this case the imputation was made for public good and in good faith, therefore, it was not defamation. A judgment has been filed in which it was said that the allegation that Vishan Dayal was a gambler was not untrue and, therefore, the Editor of the paper, who published the news item that he was a Satta -king, was acquitted. It was urged that after this judgment was given, as an Editor of a news paper the applicant had a right to publish it and this would be the publication in good faith and would attract Ninth Exception of Sec. 499 of the Indian Penal Code. It is true that the judgment shows that some other Editor of a different news paper was acquitted. But in any case the applicant would have to shows on what rational basis he called Vishan Dayal a Satta -king in the article published in his Hindi weekly.