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1968 Supreme(Goa) 11

V.S.JETLEY
Keshav Gangaram Prabhu Mhambrey – Appellant
Versus
Vasant Atmaram Prabhu Mhambrey – Respondent


Advocates:
S.V. Prabhu, for Applicants.

ORDER : This is a revision application directed against the order passed by the learned Sessions Judge, dated 6th December 1967.

2. The prosecution case was that the applicants had defamed the complainant Vasant Atmaram Prabhu Mhambrey by stating to various persons that the complainant had a son from a widow maid servant, not his wife, and that he was a drunkard. The learned Magistrate, after considering the evidence of the prosecution witnesses and the defence witnesses and also the statement of the accused, came to the conclusion that this statement was per se defamatory, made with a view to harm and knowing or having reason to believe that such statement will harm the reputation of the complainant. In this view of the matter, he held the offence under Section 499 of the Indian Penal Code proved and accordingly convicted the accused under this section and sentenced each one of them to pay a fine of Rs. 250/- or in default to undergo 30 days' imprisonment. The complainant was awarded a sum of Rs. 200/-as compensation out of the fine realised. The applicants felt aggrieved by this judgment of the learned Magistrate and hence filed an appeal in the Court of Session. The learned Sessi





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