R. L. NARASIMHAM, C. J.

( 1 ) THIS is a revision petition against the judgment of a first Class Magistrate of Angul, convicting the petitioner under Section 500 I. P. C. and sentencing him to pay a fine of Rs. 50/-; in default, to undergo rigorous imprisonment for one month.

( 2 ) THE petitioner is said to be the headman ot the Theli community in a small area in Angul Subdivision. The complainant Banamali Sahu is also a Theli residing in village Telibuin in that Subdivision. He charged the petitioner, along with several other persons, with having committed the offence of defamation by making certain imputations against him and by out-casting him from Theli society. The incident was said to have taken place on 8-11-1958 at Telibhuin. According to him his wife was taken away by his father-in-law to his house and was not sent back and thereupon he applied to the petitioner, Hadibandhu Behera (who is the headman of their community) to call for a Punchayati and decide the matter, Accordingly a Punchayati was convened on 7-11-58 (which was a Friday) but his wife and Father-in-law did not attend the meeting and then it was postponed to the next day 8-11-58 (which was a Saturday ). At th