V.RAMASWAMI, N.L.UNTWALIA
Bira Gareri – Appellant
Versus
Dulhin Somaria – Respondent
Untwalia, J.
1. This is an appeal by the defendant under Clause 10 of the Letters Patent against the decision of a learned single Judge of this Court. It arises out of a suit filed by the plaintiffs respondents claiming damages for the alleged defamatory statements made by the appoint in Ext 3 a written information bearing the thumb impression of the appellant sent to the Police, it appears, with the object of taking action and instituting a case against the respondents.
2. One Mewa was a cousin of respondent No. 2. Mewas wife suddenly died. It was suspected that her death was due to poisoning. The appellant informed one Sheopujan Ram, the scribe of the written information sent to the Police, that Mewas wife had been poisoned by respondent No. 1 and she and her two sons, respondents 2 and 3, had become lapata (scares) after poisoning her (Mewas wife), as a result of which she had died. The Police treated the written information as a first information and ins instituted a case under Sec.302 of the Penal Code against the respondents. The case, on investigation, was found to be false; a final report was submitted; action was taken against the appellant under Sections 182 and 2
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