Mere use of the expression 'chandal' or words conveying disapproval of a person's conduct does not amount to defamation.

PANIGRAHI, J.

( 1 ) PETITIONER No. 1, Sarat Chandra Das, is the Patjoshi of the Maharaja of mayurbhanj and Petitioner No. 2, Gananath Tripathy, is the Purohit of the maharaja. They have both been convicted under Section 500,. P. C. and sentenced to pay a fine of Rs. 40/- each.

( 2 ) THE complainant, Bhagaban Das is the Patjoshi appointed by the State to perform the Jayadurga Puja at the palace of the Maharaja on the Gamha purnima Day. His case was that on 27-8-50 he went to Kichakeswari temple, inside the Palace, to perform certain initial ceremonies connected with the durga Puja, by getting rice and nut touched at the feet of the Deity. The two petitioners who were there prevented him from doing so and insulted him by using certain words alleged to be defamatory in character. The complainant examined P. W. 2 the Mahaldar and P. W. 3, said to be a Brahmottardar of the palace, in support of his case.

( 3 ) THE Magistrate who tried the case found that the words complained of had been proved to have been used and convicted the petitioners as aforesaid. The conviction and sentence were affirmed, on appeal, by the learned Sessions judge, Mayurbhan.

( 4 ) IN the complaint-petition the words alleged to be defamatory are set out as follows:

'you (the complainant) have admitted into the society Kurangis and washermen, and you being a Government Officer are admitting untouchables, and by holding conferences for the uplift of untouchables are moving with them'. Having said this the accused persons told me that I have been outcasted and prevented me from getting on with my work". In the sworn statement all that the complainant alleged was that the accused persons told him that he had been ex-communicated by their caste and, as such, he could not perform sebapuja of the Maharaja. In his evidence he elaborated this case further End deposed as follows: "the accused Gananath said 'you are not a Brahmin, You are a Chandal, you cannot be allowed to perform the puja'. Accused Sarat told me 'you have no Nishta. You take food from Dhobies and Kurangis and have performed pujas in their houses. You, as government servant, partook of food with untouchables at meetings. ' "

Against both the accused there was one charge framed and that charge did not set out the precise words alleged to have been attributed to each of them. . The charge itself was vague and general in character. It merely recited that the accused had defamed the complainant by falsely imputing against him, before others in the Temple, that he was chandal and had taken food in the houses of dhobies and Kurangis, knowing that such imputation would harm his reputation. It will thus be noticed that the words attributed to the different accused have been clubbed together and a consolidated charge has been framed against both. In a trial for defamation it is essential that the words alleged to be defamatory in character should be precisely set out and the accused should be individually given notice of what he is charged with. It is the words so set out that will constitute the foundation for defamation. It is essential that not only the words in question should be proved but also that the charge should set out the precise words complained of. The petitioner Gananath is said to have used the word 'chandal' and prevented the complainant from performing the sebapuja; while the petitioner Sarat is said to have remarked that the complainant had no Nishta or sense of purity in his conduct as he had taken food with washermen and Kurangis. But the charge as it stands would make it appear as though petitioner Sarat also used the word 'chandal' and was called upon to answer for that. If the case had rested on this alone I would have no hesitation in quashing the conviction on the ground that the petitioners have been gravely prejudiced by the omission to state in the charge the precise words alleged to have been used by each of them.

( 5 ) BUT this apart the mere use of the expression 'chandal' can