BINOY KHATRI Vs. J.KANDULNA

JUDGEMENT

(1.) This instant appeal has been filed by the appellant under Section 378 (4) of the Criminal Procedure Code for setting aside the judgment dated 24th August, 1999 passed by Sri Ranjit Kumar Choudhary, learned Judicial Magistrate, 1st Class, Jamshedpur, in Complaint Case no. C/1/314 of 1991/T.R No. 580 of 1999 whereby the learned trial court has acquitted the accused persons from the charge of the offence committed under Section 500 of the I.P.C for defaming the complainant Sri Binoy Khatri. The complainant -appellant first filed the Special Leave Application no. 34 of 1999(R) for granting leave to file an appeal for setting aside the aforesaid order. The Hon'ble High Court after hearing the same granted leave vide its order dated 23.12.1999. Hence, this appeal.

(2.) THE complaint case, in brief, is that on 28th April 1991 there was a general body meeting in the church in which the complainant and the witnesses numbering from 1 to 6 were present. The election was held without the presence of requisite numbers of the members. The Annual Audit report was also submitted before the complainant and the witnesses and more than Rs. 2,20,000/ - in respect of pastorate funds and more than Rs. 1 Lakh in respect of Sundry accounts were missing in the said Audit Report. The complainant and the witnesses raised objections and asked the accused persons to rectify the audit report but they became furious and threatened the complainant and the witnesses to face the dire consequences. Thereafter, the complainant and the said witnesses sent the pleader notice to the accused persons for rectification of the accounts. But they did not do the same. Thereafter, the complainant filed a complaint petition before the Chief Judicial Magistrate, Dhanbad regarding the misappropriation and defalcation of the public funds under Sections 403, 406 and 109 of the I.P.C against them. The Chief Judicial Magistrate, Dhanbad sent the same complaint petition to Bistupur Police for investigation and for taking legal action. The police, after investigation, made an FIR under Sections 403/406/109 of the I.P.C and registered a case i.e. G.R Case No. 1163 of 1991 against the accused persons. The accused persons surrendered before the Court and released on bail. After being released on bail, the accused persons alongwith one hundred associates came to the house of the complainant and started burning ''pattakas'' in front of the house of the complainant at new Sita Ram Dera. The entire new Sita Ram Dera areas were provocated and serious apprehension of breach of peace was there on the day of the said occurrence for which, the matter was reported to the police and a proceeding under Section 107 Cr.P.C was registered. Thereafter, on 2.8.1991 the accused persons organized a meeting at district level and in view of the occurrence of G.R case no. 1163 of 1991 and Misc. Case No. 1108 of 1991, an appeal was made to all the members of C.N.I, and asked them to sign in the appeal in which the decision has been taken to oust the complainant and the witnesses with their family members from the membership of the C.N.1. The said appeal was published and distributed amongst the members for signature and in this appeal of accused J.Kandulna, following imputation against the complainant were published which are as follows: -

(3.) THE point arising out of this case for determination is as to whether the prosecution has succeeded in proving its case beyond all reasonable sets of doubt or not ?