HIRA LAL Vs. BABBAN AND OTHERS

JUDGEMENT

(1.) This is an appeal directed against an order dated 30-11-1964, passed by the learned Sessions Judge, Varanasi, allowing the appeal of the present Respondents and acquitting them of the charge Under Section 500 of the IPC.

(2.) The prosecution case briefly stated was that the present Respondents, namely, Shanker, Sita Ram and Babban had defamed Smt. Lallu Devi, sister of the complainant Hira Lal on 27-5-1963 at about 5.00 p.m. at village Mandarwa within police Circle Bhellupur by saying that Smt. Lallu Devi had eloped with one Sita Ram Bhar. It was further alleged that there had been similar statements by them in the court of Sri K.P. Singh and Sri R.C. Lal Srivastava and that they had also repeated the same thereafter in the vicinity, knowing it well that whatever they were saying was wrong. The magistrate, who tried the case, held that the charge was established against the three Respondents and he convicted them Under Section 500 of the IPC and sentenced them each to pay a fine of Rs. 100/- or in default, to undergo simple imprisonment of three months. On appeal the learned Sessions Judge held that Hira Lal, who was a brother of Smt. Lallu Devi, the main person defamed, was not a "person aggrieved" within the meaning of Section 198 of the Code of Criminal Procedure and, therefore, was not entitled to maintain the complaint. On these findings he allowed the appeal and set aside the conviction.

(3.) The only point which arises for consideration in this appeal is whether Hira Lal, the complainant, could, in the circumstances of the case, be considered to be a "person aggrieved" within the meaning of Section 198 of the Code of Criminal Procedure.