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1962 Supreme(Ker) 150

P.GOVINDA MENON
Raman Namboodiri – Appellant
Versus
Govindan – Respondent


Judgment :-

1. This is an appeal filed against the order of the Munsiff Magistrate of Pattambi acquitting the accused who had been prosecuted for an offence of defamation under S.500 IPC. The case of the prosecution is that in the issue of the Malayalam daily 'Deshabhimani' dated 12-8-1961 the accused: published a false imputation against the appellant with intent to defame him and harm his reputation. Ext. P1 is the offending publication in the paper. The original has been proved by Pw. 3 the printer and publisher of the paper and Pw. 4 a teacher in the school in which the accused is employed has proved that it is in the handwriting of the accused. The accused when questioned has admitted that it was he who had written the article and got it published. His case is that the publication does not refer to the appellant that; it was against the appellant's son who was the Adhikari during the relevant period and that every word of what is stated is true. He sought to prove this by the evidence of Dw.1 the amsom Menon. The learned Magistrate found that the publication did not refer to the appellant and acquitted the accused. Aggrieved with this order, this appeal has been filed by obtai







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