PRABHU DASS Vs. GAURISHWARA NAND

JUDGEMENT

(1.) THE complainant has come in appeal against the judgment dated 11.6.2002 passed by the learned Chief Judicial Magistrate, Mandi in Complaint No. 267 -1/ of 1999 and 1631 of 1999 acquitting the respondents under Sections 500, 120 -B IPC.

(2.) THE facts in brief are that appellant on 23.4.1999 had filed a complaint that respondents in order to grab Jagan Nath Temple premises, to oust the Pujaris and to harm and defame them, have published a poster Ex.CW -1/A. The poster was published and posted in Mandi town in the third week of March, 1999 containing imputations and false allegations of theft, attempt to murder and other crimes against the complainant. The respondents have thus defamed the complainant and harmed his reputation in the society. The respondents have thus committed an offence punishable under law.

(3.) I have heard Mr. Harish Behal, Advocate, learned counsel for appellant as well as Mr. Arun Sehgal, Advocate, learned counsel appearing on behalf of respondent No.1 and Mr. R.L.Chaudhary, Advocate, learned counsel for respondents No. 2 to 5 and I have also gone through the record. The learned counsel appearing for the appellant has submitted that the learned Chief Judicial Magistrate has erred in acquitting the respondents, the appellant has proved the case against the respondents under Sections 500 and 120 -B IPC beyond reasonable doubt. The respondents in criminal conspiracy with each other have defamed the appellant. The learned Chief Judicial Magistrate has not properly appreciated the evidence on record. The learned counsel for the appellant has prayed for setting -aside the impugned judgment and conviction of respondents in accordance with law. The learned counsel appearing on behalf of the respondents have supported the impugned judgment.