IMPORTANT POINTS
When there is a deviation from the original incident which would stand as an imputation on a particular person and if it was intended to injure the reputation and status of that person, it cannot be brought under the purview of 'good faith' as engrafted under the 9th exception to Section 499 of IPC. There is lot of difference between the tortious liability that can be fastened apart from the criminal liability under Section 499 IPC and the expression 'public good' and 'good faith' as enumerated in the first and ninth exception attached to Section 499 IPC though relevant while fastening criminal liability, it may not have that much relevance in the matter of tortuous liability dealing with defamation.

JUDGMENT :

1. The plaintiff came up with these two appeals aggrieved by the divergent findings rendered by the first appellate court in reversing a decree for money awarding an amount of Rs.25,000/-each on account of the injury sustained by the plaintiff in connection with a defamatory statement published in two dailies. The news was published pertaining to the disappearance of a suspect in a murder case one Paulose in the year 1986. In connection with the disappearance and subsequent arrest of Paulose after 13 years, a news item was published exhibited as A1 and A1(a) by the defendant (Malayala Manorama daily) in O.S.No.1287 of 1999 and A3 and A3(a) by the defendant (Mathrubhumi daily) in O.S.No.1289/1999. The trial court decreed the suit granting an amount of Rs.25,000/-each to the plaintiff in both the suits from the respective defendants. It was taken up in the first appellate court wherein the first appellate court on re appraisal of facts and evidence found that the publication would come under one of the exceptions to Section 499 IPC and hence dismissed the suits by allowing the appeals. Aggrieved by the said decree and judgment, these two appeals were preferred by the plaintiff.

2. The news items, Exts.A1(a) and A3(a) contains a report of what actually happened, besides the alleged imputations against the plaintiff. The plaintiff's brother one Paulose disappeared in connection with a murder case in which he was the suspect. During the course of criminal investigation against the brother of plaintiff, one dead body was recovered and it was wrongly identified as that of the plaintiff's brother Paulose and consequently, the investigation was dropped. After 13 years, he was arrested in connection with the criminal case from his family house. It was reported in the newspapers with certain imputations against the plaintiff that he had identified the dead body as that of his brother in collusion with his brother so as to wriggle out of the criminal liability. According to the plaintiff, he never went to Madras for the purpose of identification of any dead body and never colluded with his brother so as to wriggle out of the criminal liability and that the imputations levelled against him are intended to injure his reputation among the society and near relatives. Hence the suits for compensation on account of loss of reputation.

3. The plaintiff had given oral evidence as PW1 and one independent witness was also examined as PW2 to show the injury sustained to his reputation and status due to the above said imputation that he had colluded with his brother and wrongly identified a dead body as that of his brother so as to wriggle out of the criminal liability.

4. The expression 'defamation' really sprouts from a wrong committed causing injury to the status and reputation of a person or a firm. Falsity is the basis of defamation coupled with imputation intended to injure the victim there-under. In order to maintain a suit claiming compensation on account of publication of defamatory statement, it must be shown that it is on account of the imputation published that the victim/plaintiff had suffered loss of reputation or any reduction thereof. When the publication contains true version coupled with imputations, it must be shown that it is due to those imputation that the plaintiff had suffered loss of reputation, lowering of his status in the society or reduction thereof, apart from the injury he had suffered on account of the publication of true version. To constitute a civil injury, there must be a wrongful act giving rise to a legal damage or actual damage and it must be of such a nature as to give rise to a legal remedy in the form of an action for damages apart from the criminal liability that can be fastened under Section 499 IPC. The expression 'legal damage' and its significance illustrated by two maxims, namely, 'injuria sine damno' and 'damnum sine (or absque) injuria'. When a right is interfered with or infringed and if it is