K D GHOURI Vs. NANAKRAM K ISRANI

JUDGEMENT

(1.) THE facts giving rise to this appeal by the complainant K. D. Ghouri have been stated in our order dated 24-1-1972 whereby we had overruled the complainant's contention that the case ought to be remanded to the trial court for fresh decision on account of noncompliance with the provisions of sec, 526 (8) Cr. P. C.

(2.) WE have stated the facts in greater detail in our Judgment dated 24-4-1972 : D. B. Criminal Reference No. 285 68 : K. D. Ghouri vs. Bhojo Motwani, whereby we partially allowed the reference and while maintaining the sentence of fine under sec. 500 and sec. 501 I. P. C. awarded to the co-accused Motwani, we enhanced the amount of fine from Rs. 50/- to Rs. 1000/ -. Suffice it to say that in the daily paper 'matra Bhumi' dated 11-5-1965 a defamatory article was published against the complainant. The English translation of this article, we have reproduced in extenso in our order dated 24-4-1972, and there is no denying the fact that this article is grossly defamatory. WE may further state that the accused-respondent Nanakram Israni was admittedly the Chief Editor, Printer and Publisher of this paper and the other accused Bhojo Motwani was its editor. The learned Magistrate absolved Nanakram Israni of the liability for the publication of this article on the ground that Shri Israni had succeeded in showing that he was absent at the time the impugned article was published, and his presumptive liability under sec. 7 of the Press and Registration of Books Act (Act No. 25 of 1967) (hereinafter referred to as 'the Act') was displaced. In coming to this conclusion the learned Magistrate relied upon Narayan Singh vs. Rajmal (l) and Emperor vs. Muhammad Siraj (2 ).