MIRA DATTA BHOWMIK Vs. NIRMALYA DASGUPTA AND ORS.

JUDGEMENT

(1.) BY filing this revisional application under Section 397 read with Section 401 of Cr.P.C. the petitioner challenged the judgment and order dated 18.02.2012 passed by the learned Additional Sessions Judge, Court No. 5, West Tripura, Agartala in Criminal Appeal No. 9(2)/2011, whereunder the judgment and order of conviction and sentence dated 14.01.2011 passed by learned Chief Judicial Magistrate, West Tripura, Agartala in Case No. C.R. 2576/2006 under Section 501 of IPC has been upheld. By the impugned judgment and order of conviction and sentence the accused -petitioner was sentenced to pay a fine of Rs. 1,000/ -, in default to suffer S.I. for one month. Heard learned counsel, Mr. D.R. Choudhury for the petitioner and learned counsel, Mr. S. Lodh for the complainant -respondent No. 1 as well as learned P.P., Mr. A. Ghosh for the respondent No. 2 -State of Tripura.

(2.) THE fact in short, leading to the criminal prosecution, against the petitioner, is that respondent No. 1 on 21.11.2006 filed a written complaint against the petitioner and another alleging that the accused -petitioner, Mira Datta Bhowmik, was the editor and publisher of a daily newspaper, namely, 'Dainik Sambad' at Agartala and that a libelous news item was published in the said newspaper prominently at page -1 on 06.10.2006 and the complainant alleged that he was thereby defamed by the accused -petitioner and hence, he prayed for punishment of the accused -petitioner and another accused under Section 500, 501 read with Section 34 of IPC.

(3.) ON the basis of the complaint cognizance was taken and the accused persons were examined under Section 251 of Cr.P.C. narrating the substance of acquisition to which they pleaded not guilty and claimed to be tried.