A publication is protected as fair comment if it is made in good faith and for the public interest, and if the facts stated therein are substantially true.

UNIYAL, J. :- This appeal has been filed by Vishan Swarup complainant against an order dated 28-2-1963 of the Special Magistrate, 1st Class, Meerut, acquitting the respondents Nardeo Shasiri and Devendra Kumar, Editor and joint Editor, respectively, of a daily newspaper entitled 'Janta-ki-Pukar' printed and published from Mawana, District Meerut, of offences under Sections 501 and 502 of the Indian Penal Code.

2. The complainant was Lekhpal of Village Mewa during the months of April and May, 1960. His house and property was situate in Mawana where his family resided. In the issue of the Hindi Daily 'Janta-ki-Pukar' dated 24-4-1960 a news item from a correspondent was published which contained imputations against a Lekhpal (whose identity was not disclosed) to the effect that he (the Lekhpal) was in the habit of taking bribes from both parties in cases pending in the Court of Sri Dharam Smgh Rawat, S. D. M., and Sri Mathur, TaUsildar, Mawana; that the officers concerned were reputed to be honest and appeared to be unaware of the doings of the Lekhpal. The correspondent hinted that the officers should take notice of the matter. In another issue of the same paper dated 29-4-1960 the correspondent of the paper fisted various misdoings of Vishan Swarup Lekhpal of Village Mewa. Among the imputations made against the said Lekhpal by the correspondent were the following :

(1) That Vishan Swarup Lekhpal had started making reports at the police station in an irregular manner against his opponents in order to gain undue influence with the police.

(2) That the said Lekhpal did not reside in his Halka (village Mewa) but resided in Mawana.

(3) That he had been doing private business and was partner in a theka for catching fish in the Gang river.

(4) That he had opened a taal of firewood in Mawana,

(5) That it was rumoured that the said Lekhpal had purchased sufficient immoveable property although he was getting only a small salary.

(6) That he had opened accounts in the Punjab National Bank.

(7) That there was a general talk in the public that the Lekhpal was addicted to bhang and sulfa.

3. A letter from a villager was also published in the issue of the said paper dated 1-5-1960 in which a demand was made for the investigation of the various allegations against Vishan Swarup Lekhpal by the C.I.D. of the U.P. Government. The letter stressed the fact that if the imputations against the Lekhpal were true they deserved thorough investigation. The writer demanded that the District Magistrate should suspend the Lekhpal and order an inquiry against him. The Editor of the paper added a footnote expressing his approval of the suggestions made in the letter.

4. On behalf of the complainant seven witnesses including himself, were examined in support of the prosecution case and on behalf of the accused-respondents 15 witnesses were examined to show that the imputations made against the character and public conduct of the Lekhpal were true and had been made in good faith and for the public good.

5. The learned Magistrate who tried the case came to the conclusion that all the facts mentioned in the news-items of the paper aforesaid may not have been correct, but it was clear that the respondent Nardeo Shastri had taken all possible care to ascertain the truth of the facts before printing the same in his paper and that he, as well as the joint Editor Devendra Kumar, were protected as they had made the said publication in good faith and for the public good. He accordingly acquitted the two respondents and held them not guilty.

6. This appeal was originally heard by our brother Katju, J. It appears to nave been argued before him that the imputations which were the subject-matter of the charge could be gathered only by reading together the news items appearing in three different issues of the same paper and that it was not permissible for the complainant to cull together the various items of news in order to make out a case of defamation. The learned single Jud