THAKUR DONGAR SINGH Vs. KRISHNA KANT

JUDGEMENT

(1.) THE appellant who is a private complainant, was granted permission by this court under Section 417 (3) of the Criminal Procedure Code to prefer appeal against the order acquitting the respondents who are respectively the Editor anti printer and publisher of the daily newspaper 'nai Duniya' Indore in respect of an offence under Section 500, I. P. C. He has accordingly filed this appeal.

(2.) FACTS material for the purpose of this appeal which are no longer in controversy areas follows:

(3.) IT is not disputed before us by the learned counsel for the respondents that the publications of 27th and 28th of July 1950 are per se highly defamatory and injurious to the complainant. The defence taken by the respondents at the trial and before us is that this case properly falls under Exception IX to Section 499 I. P. C. , and that for that reason they are innocent.