HONNIAH J. :-

By this appeal, the appellant Sivage Gowda challenges the correctness of the order of acquittal of the respondent T. Narayana, the Editor, Printer and Publisher of "Mysore Patrika" of the offence under S. 500, Penal Code. Criminal proceedings against the respondent were started on a complaint by Sivage Gowda, who was at the relevant time a student of the Maharaja's College, Mysore, studying in the senior M. A. class. In the complaint Sivage Gowda alleged that the respondent had published in his news paper ''Mysore Patrika", D/-5-9-63 and 21-9-63 a statement against him, which was highly defamatory of him. According to the complainant, the defamatory statement was absolutely untrue and by publishing it, the accused had rendered himself liable to be punished under S. 500, Penal Code.

2. The facts which are necessary for the decision of this appeal are these: The complainant was a student at the material time studying in the senior M. A. class in Maharaja's College at Mysore and Dr. C. Parvathamma (D. W. 4) was the Reader teaching Sociology for senior M. A. class students. On 2-8-63 a seminar class was held by Dr. Parvathamma, in which one Pushpa Ratna a student o