BHULLIRAM JALAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal under Section 417 (3) of the Code of Criminal Procedure from an order of acquittal. Bhulli Ram made a complaint against Chhotelal, Ganpat, Jeewan, Babulal and Nathuram alleging that they had made certain imputations against his character and thereby defamed him. Those imputations were contained in an application which the accused persons among others had addressed to the Mazdoor Sabha, Gwalior. The learned trial Magistrate acquitted all the accused.

(2.) The basis of the complaint is the application Ex. P.1, which does not bear any date. It is addressed to the President Mazdoor Sabha, Gwalior, and contains certain allegations against Bhola, Patiram and the complainant, we are concerned only with Bhulliram. About him it is alleged that he sings indecent songs in the public, is a drunkard and abuses girls and women. He has been called a goonda. As for instance on the occasion ,of the marriage of one Moti's son, Bhulii in a state of drunkenness abused girls and women of the locality and started a row. On a perusal of the said application it is quite clear that it is defamatory per se.

(3.) It has been found by the Trial Magistrate that the accused signed the impugned application. He has relied on the testimony of Biharilal Saxena, handwriting expert and other witnesses and has disbelieved the defence witness Ishwari Singh, handwriting expert, whose opinion was to the contrary.