BIBHUTI BHUSAN DAS GUPTA Vs. SUDHIR KUMAR MAZUMDAR

JUDGEMENT

(1.) This Rule is directed against the conviction of the two appellants under Section 500 I.P.C. and the sentence of a fine of Rs. 300 each in default S. I. for a fortnight passed thereunder. Petitioner No. 1 is the editor and petitioner No. 2 is the publisher and printer of a weekly journal called Mukti' published in the town of Purulia. The opposite party is a practising advocate of the Purulia Bar and was the Chairman of the Purulia Municipality from May 1958 till July 1960.

(2.) In its issue of August 8, 1960 the journal started publication of an article title 'Paura Prasanga'. In the second instalment of this article in the issue of the journal dated August 15, 1960 certain allegations and statements regarding the complainant were made and it is those statements and allegations which were made the subject matter of a petition of complaint under Section 500 I. P. C. against the present petitioners.

(3.) The statement published was to the effect that the holding tax of the opposite party at the rate of Rs. 96 per year remained in arrears from 1951-52 to 1957-58 while the opposite party was a Commissioner of the Purulia Municipality and that this fact came out in course of the Audit that was held in 1957-58. It was further stated that at the audit of 1959-60 it was discovered that in the outstanding register of 1957-58 the letters 'CS' (Civil Suit) were entered against the entry relating to this arrears. Enquiries it was stated have revealed that no civil suit was in fact instituted against the Chairman and there was a, comment in this connection that it could not be expected that the Chairman would file a suit against himself and it was further commented that the entry regarding filing of a civil suit was falsely made in order to mislead the auditor. The statement added that during the last municipal election the holding of the opposite party was in arrears, but still the opposite party managed to get through the scrutiny of his nomination paper by taking recourse to falsehood.