( 1 ) THIS appeal is preferred on special leave granted under Sec. 378 (4) cr. PC. , 1973, against the judgment and order of acquittal passed by the sessions Judge, Bijapur, in Crl. A. No. 87 of 1977 allowing the appeal and setting aside the conviction and sentence passed by the Judicial Magistrate first Class (II Court), Bijapur, in c. C. No. 134 of 1976 convicting the respondents for the offence punishable under Sec. 500 I. P. C. and sentencing each one of them to undergo simple imprisonment till the rising of the court and to pay a fine of Rs. 500/- or in default to undergo simple imprisonment for three months.

( 2 ) THE appellant-complainant (hereinafter referred to as the complainant) filed a complaint under Sec. 200 of the cr. P. C. against the respondents (hereinafter referred to as the accused) in the court of the J. M. F. C. (II Court), bijapur, alleging that A-l had defamed him by using the expressions to the effect that he was a rowdy type man and was an ex-convict at Ex. P. 1 (A) in Ex. P. 1, which is an affidavit filed by A-1 in support of I. A. I. in O. S. No. 71 of 1975 on the file of the Civil judge. Bijapur; that both the accused had defamed him by usin