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1954 Supreme(Kar) 7

BALAKRISHNAIYA, MALLAPPA
M. RAMAMURTHY – Appellant
Versus
STATE OF MYSORE – Respondent


( 1 ) THIS is a revision petition against the Judgment of the Principal Sessions Judge, Bangalore, to criminal Appeal No. 75 of 1953 confirming the conviction under Section 292, I. P. C. , but modifying the sentence passed by the Additional First Class Magistrate, Bangalore, in C. C. No. 10 of 1952-53.

( 2 ) THE petitioner-accused is the editor of a monthly journal known as 'kama Kala'. The prosecution case is that the accused-petitioner is distributing and has put into circulation this monthly journal which contains obscene writings and pictures. Eleven copies of the journal of different months have been exhibited in the case and three witnesses were examined for the prosecution and according to them the journal contains obscene writings harmful to youngmen and women. On the other hand, the accused has examined two witnesses of whom one is Dr. Puttanna, a retired Surgeon and who was the Principal of the Medical College and the other gentleman is the well-known author Sri Devadu Narasimha Sastry. The Doctor is of opinion that there is nothing obscene in the pamphlets and that it is fit to be prescribed as a text book in medical Colleges and Schools. Sri Devadu Narasimha Sastry is










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