SUDHENDU BHUSAN DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Samar Das, learned counsel for the appellant as well as Mr. Ratan Datta, learned PP appearing for the State-respondent. None appears for the respondent no. 2.

(2.) This is an appeal against the order of acquittal dated 14.11.2016 passed by the learned Sessions Judge, Udaipur, Gomati District in connection with case No. Criminal Appeal 18(1) of 2016 reversing the finding of conviction returned by the learned Chief Judicial Magistrate, Gomati District, Udaipur dated 29.02.2016 in case No. C.R. 697 of 2008.

(3.) The brief facts are that the appellant herein had filed a complaint under Section 500 of the IPC as he felt defamed by the publication of a news item in the newspaper 'Dainik Ganadoot'. The learned trial court after recording evidence of the complainant had convicted and sentenced the respondent no. 2, Sri Sushil Choudhury. Felling aggrieved by the said judgment, the convict had preferred an appeal before the learned Sessions Judge, Udaipur, Gomati District who upon hearing the case had set aside the judgment of conviction and sentence passed by the learned trial court vide judgment dated 14.11.2016 in Criminal Appeal 18(1) of 2016. Being aggrieved by and dis-satisfied with the judgment of acquittal of the respondent no.2, the complainant had preferred the instant appeal under Section 378(4) Cr.P.C.