In order to establish the offence of defamation under S. 501, IPC, the prosecution must prove that the accused had knowledge or good reason to believe that the matter published was defamatory.

S. C. MOHAPATRA, J.

( 1 ) BOTH accused persons convicted under S. 501, IPC and sentenced to pay a fine of Rs. 50/- each are petitioners in this revision.

( 2 ) ON 12-12-1978, a news item was published in the Oriya Daily Newspaper 'the Samaj' of which petitioner No. 1 is the Editor and petitioner No. 2 is the Publisher. In the news it was that complainant was arrested and brought to Court in handcuff on account of which the arresting officer was transferred within 24 hours, a security proceeding under S. 110, Cr. P. C. in which 139 persons were examined was forwarded to Court of Sub-divisional Judicial Magistrate, Cuttack against the petitioner on 4-11-1978 for initiating a proceeding and complainant gave shelter to some of the dacoits at his Jobra residence who were connected with four incidents those took place in Badambari colony.

( 3 ) ALLEGING that the aforesaid printing and publication is, defamatory against complainant, he filed the complaint on. ' 20/12/1978. After enquiry under S. 202, Cr. P. C. cognizance was taken by the learned Sub-divisional Judicial Magistrate on 28-3- 1979.

( 4 ) COMPLAINANT examined three witnesses and proved six documents marked as Exts. 1 to 6 to bring home guilt of the accused persons. In defence, three witnesses were examined and such a news in another news- paper published on 17/02/1978 was proved and marked as Ext. A. Considering the materials on record, trial court having held that accused persons have committed the offence u/s. 501, IPC this revision has been filed.

( 5 ) SECTION 501, IPC reads as follows: "501. Printing or engraving matter known to be defamatory:- Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both". It is to be examined whether a news item published in the newspaper was printed by the two accused persons or any of them in the newspaper having knowledge or good reason to believe that it is defamatory to complainant.

( 6 ) WHAT statements or publications are defamatory have been exhaustively provided for in S. 499, IPC. Since defamation is an offence, the ingredients are to be proved beyond reasonable doubt to bring home guilt of the persons accused. Some explanations and exceptions are provided in the said provision. Where a statement published is per se defamatory, person accused can bring circumstances to record to explain that such publication comes within any of the exceptions.

( 7 ) FROM the facts proved, it is clear that once upon a time complainant was member of Legislative Assembly and at the time of publication he did not hold such an elected office. Complainant had taken part in freedom struggle of India. He is an assessee under the Income-tax Act and the Sales Tax Act which indicates that he carries on business including sale and purchase of goods. He is a social worker and is connected with various Educational and Charitable Institutions. Accused persons are Editor and Publisher of a reputed Oriya News-paper. In 1977, several prosecutions registered as G. R. Cases Nos. 2962, 2963 and 2964 of 1977 were initiated against the complainant. A proceeding u/s. 110, Cr. P. C. was also initiated against him. In all these G. R. cases final report was submitted closing the prosecution against accused on 22-7-1978 and proceeding under S. 110, Cr. P. C. was dropped on 28-10-1978. Publication was made in the news-paper on 12-12-1978. Thus, it is clear that by the time publication was made, there was no such prosecution or proceeding under S. 110, Cr. P. C. pending against complainant. It is to be examined whether defamation as is provided under S. 499, IPC has been made out by the complainant.

( 8 ) MATERIAL portion of S. 499, IPC. reads as follows: "499. Defamation:- Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishe