The main legal point established is that for an imputation to constitute defamation under S.500 and 501 IPC, it must clearly and conclusively defame a specific individual, and a person cannot maintain a prosecution for defamation based on imputations against a class of persons unless the imputation is directed at the individual.

1. This Criminal Revision petition arises out of a private complaint filed by one C. H. Kanaran, Secretary, Kerala State Committee of the Communist Party of India (Marxist), Trivandrum, who is the petitioner herein against the respondent, one P. Krishnaswamy, Printer and Publisher of the Indian Express, which is an English daily published at Madurai, charging offences under Ss, 500 and 501 IPC., for publication of a news item in its issue dated 11-8-67.

2. The impugned news item marked as Ext. P1 (b) reads as follows: "C P I unit levels graft charges against Leftists Trivandrum, Aug. 10 (ENS)

One of the units of the Right Communist Party in Kerala has come out with certain startling allegations against the 'Marxists.

The Pathanapuram Taluk Committee of the CPI has, after listing the instances of alleged corruption indulged in by the Marxists, asked its State Committee to reconsider how long we are to bear this liability off defending their corruption."

The 21-member taluk committee in a resolution adopted unanimously has also suggested to the State Committee "to seek the earliest opportunity to shake off this liability".

Among the charges made by the taluk committee are: The Marxist Party has gained to the tune of about Rs. 4 lakhs as a result of levies made in individual wholesale traders in food who are being deliberately retained for ration distribution, even though the United Front had expressly recommended their elimination. For the grant of a foreign liquor licence to someone in Punalur, the party received a "donation" of Rs. 4.000. The resolution has also referred to a Rs. 25,000 "donation" to the Marxist Party General Secretary in connection with a top appointment. Appointment to the post of bus conductors is made only after receiving a "donation" of Rs. 1,000 from each of the applicants. (It may be mentioned here that recently a Marxist advocate was appointed Chairman of the State Road Transport Corporation displacing an IAS Official.)

The Taluk Committee has also alleged "pressure and illegal interference by Marxists" in the reinstatement of a suspended officer which recently raised a storm in the Assembly."

3. The District Magistrate (Judicial), Trivandrum, who conducted the trial in the case on examination of pws.1 to 4 as well as Exts. P1 to P5 and Dl to D18 and after hearing the arguments of the respective counsel who appeared in the case, came to the conclusion under S.253(1) Cr. P. C, that no case against the revision petitioner has been made out, which if unrebutted would warrant his conviction and consequently the learned Magistrate discharged the revision petitioner under that Section. The 1st respondent, the complainant, filed Crl. R. P. in the first instance before the Addl. Sessions Judge, Trivandrum, against the order of acquittal. The learned Addl. Sessions Judge found that the 1st respondent is a person aggrieved of the false imputation contained in Ext. P1 (b) publication under S.198 Cr. P. C. and, therefore, he was competent to institute the complaint. Accordingly, the Additional Sessions judge set aside the order of acquittal passed by the District Magistrate and directed him to frame charges against the revision petitioner under S.500 and 501 IPC., and conduct further enquiry into the complaint. It was against that order by the Additional Sessions Judge that the present criminal revision petition is preferred by the accused in C. C. 82/67 on the file of the court of the District Magistrate, (Judicial) Trivandrum.

4. The imputation is Ext. P1 (b) can be classified into two categories. (1) Imputation against the "Marxist Party" or Marxists or Leftists generally. The imputation against these classes of persons contained is Ext.

P1 (b) are:

(i) that the Marxist Party had gained to the tune of Rs. 4 lakhs as a result of levies made on individual wholesale dealers in food, who are being deliberately retained for ration distribution even though the United Front has expressly recommended their eliminatio