R. K. ABICHANDANI, J.

( 1 ) THE State has appealed against the judgment and order dated 26-10-1997 of the learned Additional Sessions Judge, Mehsana, acquitting the respondent for the offence under S. 306, read with S. 34 of the Indian Penal Code.

( 2 ) THE prosecution case was that the respondents were publishing defamatory articles containing false allegations against Narsinhbhai Chaudhary in connection with the running of a primary school by him. These articles were published in the daily "uttar GUJARAT EXPRESS" of which the respondent No. 2 (who was the original accused No. 2), was the editor. According to the informant who is the son of the deceased Narsinhbhai, these articles were defamatory and threatening and written with a view to take over the possession of the school building. It is also the prosecution case that on 4/08/1994, the respondents had given threats to Narsinhbhai and harassed him, as a result of which on 5/08/1994, in the evening at about 5-00 p. m. , Narsinhbhai who could not bear the harassment meted out to him by the respondents, committed suicide by consuming poison. According to the prosecution, therefore, the respondents had abetted the commission of su

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