SUBAL KUMAR DEY Vs. GORA CHAKRABORTY

JUDGEMENT

(1.) This criminal revision petition has been filed challenging the judgment and order dated 29.07.2017 passed by the learned Sessions Judge, West Tripura, Agartala in case no. Criminal Appeal 39 of 2014 affirming the judgment and order dated 17.05.2014 passed by the learned SDJM, Bishalgarh, Sepahijala in case No. CR 08 of 2009 wherein the petitioner was sentenced to a fine of Rs. 5,000/- for the offence punishable under Section 500 IPC with default stipulation and, further sentenced to pay a fine of Rs. 5,000/- for the offence punishable under Section 502(b) IPC with default stipulation.

(2.) Briefly stated, Sri Gora Chakraborty, being the Secretary of Bishalgarh Sub-Divisional Committee, a wholetime activist of Communist Party of India (CPI) has filed a complaint alleging that he has been defamed by the publication of some news item published in 'Syandan Patrika'.

(3.) The petitioner is the Publisher, Editor and Printer of the said publication. The complaint petition was filed, and later on, it was taken into record after examination of the complainant under Section 200 Cr.P.C. The petitioner appeared before the learned SDJM, Bishalgarh after receipt of summon. Charge was framed against the petitioner under Section 500 /501 IPC to which the petitioner pleaded not guilty and claimed to be tried. In course of trial, the complainant adduced 8 witnesses including himself. The petitioner, being the accused, did not adduce any evidence. After closure of the prosecution evidence, the petitioner was examined under Section 313 Cr.P.C. to which the petitioner pleaded his innocence and denied to adduce any evidence on his behalf.