HARIPADO BAIDYA Vs. EMPEROR

JUDGEMENT

(1.) In the case out of which this rule has arisen the complainant brought a case against the three petitioners of having defamed him. The facts alleged were that at a certain meeting of the caste the petitioners were alleged to have stated that one Kamini, the complainant's wife had been married before to one Jogendra. The defence apparently was that the statement was true. Both the Courts found that the three petitioners had made the statement alleged and it was not true and found them guilty under Section 500, I.P.C., and sentenced them to pay a fine of Rs. 100 each and in default each to suffer rigorous imprisonment for four months.

(2.) The petitioners moved this Court and obtained what is described an open rule. The grounds that have been urged are grounds 3, 4 and 8 of the petition to this Court. Ground 3 is that the learned trial Magistrate's order was bad in law in so far as he relied solely on the evidence of interested persons unsupported by the testimony of independent witnesses. Certainly it was open to the Magistrate to rely on the evidence of any particular person, be he interested or distinterested.

(3.) The next point urged is that the order of conviction is bad in law in so far as the allegations do not disclose any offence under Section 500, I.P.C. It is quite clear to my mind that the allegations certainly do disclose an offence under Section 500, I.P.C. To say that the complainant married a woman who had been married before would obviously be to defame him, for it is admitted that one of the results of having done so would be the excommunication of the complainant from his caste. An imputation which leads to the excommunication of a person from his caste is certainly defamatory to him if he had not been guilty of committing the act. It has been suggested that the case comes within exception 10, Section 499, I.P.C. Exception 10 is as follows: It is not defamation to convey a caution, in good faith, to one person against another provided that such caution is intended for the good of the person to whom it is conveyed or of some person in whom that person is interested, or for the public good.