EMPEROR Vs. PADMAN BABUL MHATRE

JUDGEMENT

(1.) The convictions and sentences in this application must be set aside.

(2.) The facts found by the trial Magistrate are : The accused having suspected that the complainants were given to drinking liquor made an application to the caste calling for an enquiry into their conduct. As members of the caste they had every right to do it, so long as they acted in good faith, with due care and attention, and for the protection of the interests of the caste.

(3.) The learned Magistrate has found that the conduct of the complainants warranted the suspicion entertained by the accused but he thinks that because the allegations in their application to the caste were libellous, therefore, it was not a privileged communication.