GOUR CHANDRA ROUT Vs. PUBLIC PROSECUTOR

JUDGEMENT

(1.) THE Editor and Printer and Publisher of the "matrubhumi",--an Oriya Daily newspaper published from their office in Cuttack Town,--are the appellants in the criminal Appeal against an order of conviction and sentence passed by the learned sessions Judge, Cuttack Dhenkanal on a certain charge of defamation, alleged to have been committed against the Governor of Orissa, Sri Y. N. Sukthanker in respect of his conduct in the discharge of his public functions, during the ministerial crisis in the State in May, 1958. The Criminal Revision,--which was directed to be heard analogously with the Criminal Appeal,--was filed by the State of Orissa for enhancement of the sentences on the said Editor and Printer and Publisher, who are opposite parties in the Criminal Revision.

(2.) THE genesis of the prosecution of the accused appellants herein is the alleged defamatory statement published in the news item of the "matrubhumi" on May 31, 1958 under the caption. "bharatar Rajnaitik Dala Socialist Netanka Samalochana" (criticism by the leader of Socialist Party against the different political parties of India), during the ministerial crisis in May 1958; the publication was in relation to a certain statement alleged to have been made by Dr. Ram Manohar lohia, at a Press Conference, while giving a short note about the activities of the different political parties, in Cuttack on May 30, 1958. The following is the English translation of the impugned publication:

(3.) THE learned Sessions Judge held that the accused persons intended to harm the reputation of the Governor, because no other news-paper, not even the "ganatantra", included the said impugned statement in their publication, while giving the gist of Dr. Ram Manohar Lohia's Press Conference; and accordingly for the reasons discussed in his judgment the learned Sessions Judge passed the order of conviction and sentence on the appellants as aforesaid.