Judgment

RAY, J.:- This appeal is by special leave from the judgment of the High Court of Punjab and Haryana dated 26th May, 1967.

2. The High Court upheld the conviction of the appellant under Section 500 of the Indian Penal Code and sentenced him to three months simple imprisonment and imposed a fine of Rs. 1000/- and in default thereof a further simple imprisonment for three months.

3. The case started on a complaint filed by Bishan Kaur on 23rd October, 1963. The complaint was that the appellant Chaman Lal who was at that time President of Municipal Committee, Sujanpur in the District of Gurdaspur had made defamatory remarks against her character at a public meeting held at Sujanpur on 29th July, 1962 and that he further wrote a letter on 2nd August, 1962 to the Civil Surgeon, Gurdaspur which contained defamatory statements against her character and further that on 27th August, 1962 the appellant repeated those defamatory allegations before the Civil Surgeon.

4. The appellant pleaded justification under Exceptions 1, 8 and 9 to Section 499 of the Indian Penal Code. The First Exception states that it is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. The Eighth Exception states that it is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. The Ninth Exception states that it is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.

5. The letter written by the appellant dated 2nd August, 1962 which was marked as Exhibit P. W. 4/A, inter alia, states,

"It is a matter of grave concern and consideration that Smt. Bishan Kaur, Nurse Dai attached with Civil Dispensary is earning very bad reputation having illegal relations with one Shri Prakash Chand, a cycle repairer of Sujanpur. A meeting of the Co-ordinate Civic-body of Sujanpur was convened, to create civic sense .......... On 29th July at 8 A. M. in the Town Hall wherein leading men of all communities were present. The issue about the character of Smt. Bishan Kaur was discussed in open house and the public felt this point seriously. The matter has been brought to the notice of the worthy Deputy Commissioner, Gurdaspur personally by me on 1st August, 1962 and he assured to take immediate action against her. I feel my assumption to bring to your notice and request for immediate transfer of her in the public interest".

6. The appellant claimed that the residents of Ward-5 of Sujanpur had submitted a complaint in writing dated 25th July, 1962, against the serious misbehaviour of the respondent Bishan Kaur and the allegations were made against the character of Bishan Kaur in that application. The appellant further claimed that the said application marked Exhibit D. W. 1/A was read by the Secretary of the Municipal Committee, Sujanpur at the meeting on 29th July, 1962. The further defence of the appellant was that a resolution was passed at that meeting requesting the appellant to approach the higher authorities regarding the said application and it was pursuant to that resolution that the appellant wrote the letter dated 2nd August, 1962 forming the subject-matter of the complaint. The resolution on which the appellant relied was marked as Exhibit D. C.

7. Counsel for the appellant contended that good faith of the appellant was established by two features; first that as President he had to act in public interest, and, secondly, large number of people who signed the application and passed the resolution were present at the meeting on 29th July, 1962 and there were allegations against the respondent. It was, therefore, said by counsel