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Judges : P.JANAKI AMMA
NARAYANAN - Appellant
Versus
GANGADHARAN - Respondent
Case No : Crl.A. No. 286 of 1976
Decided On : 10/27/1981
Advocates Appeared :
V.K. Hamza; K. Sikhivahanan; Babu A. Hamza; For Appellant R. Sankara Subban; For Respondent
Defamation - Allegation of Misappropriation - S.500 IPC - The court discussed the defamatory statement made in an affidavit, the lack of evidence to support the allegation, and the absence of good faith in making the statement. The accused was convicted under S.500 IPC.
Fact of the Case:
The appellant, a social worker and former government employee, filed a complaint alleging defamation under S.500 IPC against the accused, an advocate. The accused had made defamatory statements in an affidavit, alleging misappropriation of funds by the appellant.
Finding of the Court:
The trial court acquitted the accused, holding that there was no intention to harm the appellant's reputation and that the allegations were made in good faith for the benefit of society. However, the appellate court differed and convicted the accused under S.500 IPC, as the statement lacked good faith and was defamatory.
Issues: The main issue was whether the accused's defamatory statement in the affidavit was made in good faith and for the public good, as claimed by the accused.
Ratio Decidendi: The court held that the accused's statement lacked good faith and was not made for the public good, as there was no evidence to support the allegation of misappropriation and the accused failed to concede the lack of basis for the allegation after it was challenged.
Final Decision: The accused was convicted under S.500 IPC and admonished under the Probation of Offenders Act.
1. The appellant M. K. Narayanan is the complainant in C. C. No. 104 of 1977 on the file of the Additional Judicial First Class Magistrate, Ernakulam. The complainant is a resident of Karunagappilly. On the relevant date he was a Councillor of the S. N. D. P Yogam and the President of the Karshaka Congress, Krishnapuram Block. He is a social worker and had functioned as the President of the S. N. D. P Union, Karunagappilly, Devaswom Secretary, S. N. D, P. Yogam and also as a member of the Devaswom Committee at Ochira Devastanam. Prior to his functioning in the above capacities he was in the service of the Government of Kerala He was the Business Manager to Sreemoolam Hanloom Weavers Apex Society and was promoted as Assistant Registrar of Industries (Co-operative Societies) until his retirement from Government Service According to the Complainant, he had been serving the Government Departments with all sincerely and retired from service with unimpeachable antecedents. After retirement he rendered service in the Sankar Sbastiabadipurthi Memorial Hospital conducted by the Sree Narayana Trust Medical Mission, Quilon. According to the complainant, he was being held in high esteem by the public at large and his community in particular in recognition of the various services rendered in different capacities. According to him, he had not given any room for complaint either when he was in Government service or thereafter. The accused is an Advocate practising at Varkala. There was a suit relating to Sree Narayana Trust and the various institutions belonging to and under the management of the trust, for the preparation of a scheme for the management of the trust. An appeal, A. S. No. 689 of 1972 was pending before this court. A control committee was appointed to supervise the management of the trust and the institutions thereunder. The second respondent in that appeal is the accused in the present case. He was also one of the members of the control committee to supervise the management. There was an allegation that appointments were made to the service of Colleges and the Medical Mission without previous sanction of the committee. From November, 1972 onwards the complainant was working as an Assistant Secretary of the Sree Narayana Trust Medical Mission and later on as Administrative Assistant, on a salary of Rs. 300/- per month. The Chairman of the control committee asked information about the appointment as the control committee had not been appraised of the fact of appointment; neither was its sanction obtained. Since no information was given the salary of the complainant was disallowed. On 20th of March, 1973, the respondent accused filed C.M.P. No. 3378 of 1973 seeking orders of this Court for directing the counter-petitioners in that petition to abide by the decisions of the committee, to remove the third counter petitioner from bis position as the person managing the affairs of the Sree Narayana Trusts Medical Mission and for other reliefs. An affidavit was sworn to by the respondent-accused in support of the petition, which is marked as Ext. P1 in the present case. In Para.7 of the affidavit reference was made to the appointment of the complainant as Administrative Assistant. According to the deponent it was an absolute waste of trust fund to have either Assistant Secretary or Administrative Assistant, especially when such appointment was made without reference to the control committee. The deponent further stated "to add injury to insult Shri M. K. Narayanan is also a person involved in a charge of misappropriation of funds while he was in service." According to the complainant, this passage is highly defamatory so far as he is concerned. The allegations made are false to the knowledge of the accused. The complainant was never proceeded against for alleged misappropriation of funds. The averment in the affidavit is per se defamatory and is vitiated my malice. The statement was made by the accused knowing that the imp
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