GOPAL LAL SANYAL Vs. KING-EMPEROR

JUDGEMENT

(1.) In this case the appellants before us are two in number and they have been convicted by the learned Chief Presidency Magistrate under Section 124A, I.P.C., the first appellant being sentenced to simple imprisonment for two months and a fine of Rs. 350 and in default one month's simple imprisonment, the second appellant being sentenced to a fine of Rs. 100 and in default simple imprisonment for two months.

(2.) The prosecution is in respect of an article contributed by one Jnananjan Neogi, which appears in Vol. I, Part II, at page 5 of a Bengali weekly newspaper published in Calcutta called the "Atma Sakti." The original of the article which is in the vernacular has been handed to us and we have had the advantage of perusing the translation thereof which is Ex. (1) in this case.

(3.) The principles which should guide us in finding out for ourselves the intention of a person who is charged under Section 124A. I.P.C. have been recently referred to by us in our judgment in the case of Satyaranjan Bikski V/s. Emperor commonly known as the "Forward" case and also to some extent in our judgment delivered last week in what is known as "The Hindi Punch" case Iswari Prasad V/s. Emperor . There cannot be much doubt that the gist of the offence lies in the intention of the writer and that the intention is not to be gathered from isolated or stray passages here and there. It must be gathered from a fair and generous reading of the article in respect of which the charge ha,3 been laid. In gathering the intention, allowance must be made, as has been repeatedly held, for a certain amount of latitude to writers in the public press.