SUBHAKAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) S. N. H. Zaidi, J.-Both these revisions have been directed against the judgment and order dated 2.12.1985, passed by IVth Additional District and Sessions Judge, Varanasi, in connected Criminal Appeal Nos. 149/84 and 161/1984.

(2.) NECESSARY facts which gave rise to these revisions, in brief, are that opposite party No. 2 Ram Adhar Yadav, the then Inspector of Police Station Cantt., Varanasi filed a complaint case under Sections 500 and 120B, I.P.C. in the Court of Chief Judicial Magistrate, Varanasi against five persons ; namely, Anand Bahadur Singh (Editor), Veer Bhadra Mishra (printer and publisher), Subhakar Dubey, Nirankar Singh and Hari Shanker Pandey (Correspondents) of Hindi daily newspaper 'Sanmarg' for publishing a defamatory article against him in the newspaper on 28.8.1979. The Magistrate, after inquiry, took cognizance on the complaint and summoned the accused persons for trial. The complaint case was tried by the Corporation Magistrate, Varanasi and by the judgment and order dated 14.6.1984, accused Nirankar Singh has been acquitted and all the remaining four accused were convicted under Section 500, I.P.C. and sentenced to fine of Rs. 1,000 and in default of payment of fine, for simple imprisonment of three months. Against the judgment and order of the Magistrate, Criminal Appeal No. 149/1984 was filed by Anand Bahadur Singh, Veer Bhadra Mishra and Hari Shankar Pandey whereas Criminal Appeal No. 161/1984 was filed by Subhakar Dubey. Both the appeals were jointly heard and decided by the lower appellate court. Criminal Appeal No. 149/84 was partly allowed and the conviction and sentence of Veer Bhadra Mishra was set aside and was dismissed in respect of the remaining appellants. Criminal Appeal No. 161/84 was also dismissed. Feeling aggrieved with the impugned judgment and order of the lower appellate court these revisions have been filed.

(3.) IT appears that both the trial court as well as lower appellate court had found the above article/news as per se defamatory. Both the courts below had held the revisionists responsible for the publication of the above article in the newspaper. IT is not disputed that revisionists Anand Bahadur Singh was the editor and revisionist Hari Shankar Pandey was the correspondent of the newspaper. There appears to be some dispute regarding status of revisionist Subhakar Dubey. According to the complainant, Subhakar Dubey was also one of the correspondents of the newspaper whereas Subhakar Dubey had claimed himself as Assistant Teacher of the newspaper with the duty of collecting the news item from the tele printers and to send them for publication and also to check postal correspondence received in the office. Both the courts below have held Subhakar Dubey as one of the persons responsible for publication of the alleged news. After carefully perusing the impugned order I do not find any error in the finding of the lower appellate court.