1. These appeals are from convictions under S.500 I. P. C. in respect of the same article, first published in one newspaper and then reproduced in another. The appeals have been heard together since they involve the same questions and they may be disposed of by a common judgment.

2. The accused in Crl. Appeal 81 of 1958 from C. C. 3 of 1957 is the editor, printer and publisher of a Malayalam daily of Trivandrum by the name of "Pothujanam". In the issue of the 21st August 1957 of this newspaper there appeared the article, Ext. P1 (a), attacking Sri V. R. Krishna Iyer, the Minister for Law and Electricity of this State. The article purported to be from the newspaper's own correspondent and it may be translated thus:

"IRREGULAR APPOINTMENTS.

Interference by the Law Minister in appointments in the Electricity Department. Trivandrum - August 21.

Information is to hand that although appointments under the Electricity Board are to be made through the Public Service Commission since no rules have yet been framed regarding the powers of the Board, Minister Krishna Iyer has, contrary to this, begun some appointment Kumbhkonams. He has thus made the gambit for filling up the Electricity Department with his own satellites. One Harihara Iyer, who has taken leave, preparatory to retirement from the P. W. Department on the 20th September has been appointed for a year as Accountant in the Neriamangalam Division of the Electricity Department, and he has taken charge of the said post on 19-8-1957. Information has been received that this appointment, in disregard of the just claims of many persons in the department, has caused heartburning among the staff of the department. Although many possessing the technical qualifications most essential in the Electricity Department have applied for extension of service after their retirement their applications have all been rejected. This appointment now made by Minister Krishna Iyer without consulting the Public Service Commission and in contravention of the rules is being pointed to as a prelude to the introduction into the Electricity Department of many such hangers-on in the future. Thus prospers Minister Krishna Iyer's benign rule free of corruption and nepotism".

3. The Minister issued a denial in the form of a press release, and in Ext. P-17 dated 22-3-1957 the statement he then made, he averred that he had nothing to do with the appointment of Harihara Iyer and that, in fact, he was unaware of the existence of such a man. The Chairman of the Electricity Board, which is an autonomous body constituted under the Electricity (Supply) Act (Central Act 54 of 1948), also issued the press statement Ext. P-13 dated 22-8-1957, asserting that it was he that had made the appointment and denying that the Minister had anything to do with it. The Minister's denial was published in the issue of the paper of the 23rd August as Ext. P-2 (a), and so was Ext. P-2 (b), an extract of the Chairman's statement. Alongside these were published Ext. P-2 (c), a rejoinder by the paper's correspondent to the effect that inquiries made by him showed that all the averments in Ext. P-1(a) were true, and Ext. P-2 (d) an editorial asserting that every word of Ext. P-1(a) stood completely proved, repudiating the denial by the Minister and the denial which it said the Chairman was got to make, and twitting the Minister on his unnecessary and unjustified display of touchiness. On 24-8-1957, the Minister sent the lawyer's notice, Ext: P-3, to the accused calling upon him to make a public withdrawal of the allegations, within three days of the receipt of the notice on pain of legal action. This notice the accused ignored and, on 12-9-1957, the Public Prosecutor, Trivandrum, acting under S.198B Crl. P. C. made a complaint to the Court of Session, Trivandrum, charging the accused with offences punishable under S.500 and 501 of the Indian Penal Code. He did this (with a view to compliance with S.198B (3) (b) Crl. P. C.) after obtain