SHAMSHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 5th April, 1983, rendered by the learned Sessions Judge, Ropar, whereby Shamsher Singh and Kamail Singh appellants were convicted for the offence under sections 500 and 501, Indian Penal Code, respectively and each one of, them was sentenced to undergo four months simple imprisonment and to pay a fine of Rs. 250/or in default of payment of fine, to undergo further two months simple imprisonment.

(2.) The prosecution case as set up at the trial was that the appellants printed and got published in the issue of Weekly Sachittar Punjab patrika dated January 19-25. 1981, the following news item captioned as Ke Sarkar Partal Karwaigi Ropar De Petrol Pumpan De Malkan Ton Paise Battoran Lai Controller Maap Te Tol Punjab Wallon Kojhi Karwai,T In that news item, it was mentioned that their special correspondent had reported that a day prior to the visit of Ropar district by Smt. Indira Gandhi on 29th December, 1980, Shri Amarjit Singh, Controller, Weights and Measures, Punjab, made checking of petrol pumps in Ropar district and, cancelled the license of Koshal Service Station and Aljit Service Station, on the basis of shortage of measures employed by them. Thereafter, he went to Kiratpur Sahib and closed there three petrol pumps on the same ground. The proprietor of one of those petrol pumps, who is exserviceman, represented there that the measure with the Chief Controller was larger than the standard measure. Thereupon, the Controller lost temper and exchanged hot words with him. When the measure with the Chief Controller was compared with the standard measure with the Inspector, Weights and Measures, it was friend that former accommodated 50 miligrams of more petrol than the latter. It was apparent that the said five petrol pumps had been sealed on wrong basis, for the measures employed therein were not actually short and shortage thereof was indicated on account of employment of defective measure for checking, In spite of discovery of the said defect in the measure with the said Controller, Weights and Measures, the petrol pump of Singh Service Station was sealed. According to the special correspondent, the said defective measure was intentionally employed so that by representing artificial shortage of the measures employed in their petrol pumps, illegal gratification could be -extorted from their proprietors. After seeing all this, the people were feeling stunned and were saying that if the fence engulfs the field, the crop cannot be protected and that if the head of Weights and Measures department, makes checking by employing defective measure, correct measurements cannot be made. In that news item it was further mentioned whether the Punjab Government would take strict action against this wrong by getting held high level enquiry revoke the proceedings launched against the petrol pump dealers of sealing their petrol pump and provide guarantee against such harassment of petrol pump dealers, in future. According to the prosecution, the aforesaid news item is defamatory to P.W.2 Amarjit Singh, Controller, Weights and Measures, Punjab, in respect of his conduct in the discharge of his official duties as a public servant employed in connection with the affairs of the State of Punjab.

(3.) At the trial, the appellants denied the prosecution allegations. However, Karnail Singh and Shamsher Singh appellants admitted that they were respectively printer/publisher and Editor of the said weekly, but they contended that they had no malice against Amarjit Singh (P.W. 2) and that they had printed and got published the said news item in the said issue of Sochittar Punjab PatrikaT in good faith and in the public interest. However, they did not produce any evidence in defence.