DHRUBA CHARAN KHANDAL Vs. DINABANDHU PATRI

JUDGEMENT

(1.) THIS is a complainant's appeal against an order of the Magistrate, 1st Class, jajpur, acquitting the respondent of an offence under Section 500. Indian Penal code.

(2.) THE complainant is the Sarpanch of Barumdai Gram Punchayet and the accused is the President of Radhamohan Grain Gola Cooperative Society. P. W 1 Khageswar naik. a sub-assistant registrar of Co-operative Societies. Cuttack Circle, called for a meeting of the aforesaid Grain Gola Co-operative Society on 24-11-1963, and requested the B. D. (. ). (P. W. 4) to inform all members by beat of drum to be present at the said meeting. The B. D O. in bis turn asked the complainant to give notice of the meeting as directed by P. W 1. The complainant, P W. 3 accordingly gave notice of the meeting and he himself attended the meeting though he was not a member of the Radhamohan Grain Gola Co-operative Society.

(3.) IT is the prosecution case that the meeting commenced at about 2 p. m. on '2411-1963 in the Barundi Resf Shed in the presence of a large number of persons including P. W 1. P. W. 2 the Co-operative extension officer and P W. 1, the B D. O. . Korai and a constable The accused Dinabandhu Patri who was the President of the Grain Gola Co-operative Society, presided over the said meeting. In course of meeting, a question arose regarding the correct disbursement of the amount collected by the accused as some people complained that they had not received the full amount in spite of their executing necessary documents. At this the accused became furious and abused the complainant as "sain". Chora" Sarpanch at this abuse of the accused, disturbance prevailed in the meeting and it could not proceed Thereafter the complainant (P. W. 2) filed a regular complaint in the Court of the Sub Divisional Magistrate, Jaipur and the accused was duly summoned and charged under Section 500, I. P. C. the case against him being that he defamed the complainant Dhrubacharan Khandei of making certain imputations against him by spoken words such as 'sain' 'chora' and 'rakshyasa' intending thereby to harm his reputation