JUDGMENT

Bennett, J - This appeal has been preferred by Mr. K. Rama Rao, editor, printer and publisher of the National Herald, Luc-know, against his conviction by the learned Sessions Judge of Lucknow under Section 500, Penal Code. The appellant was prosecuted on the complaint of Mr. C.S. Ledlie, Superintendent of a camp jail which was opened at Lucknow on 16th July 1941 for persons convicted of offences arising out of the Satyagraha movement of that year. They are generally referred to as civil disobedience prisoners. The appellant was alleged to have published articles defamatory of the complainant in the National Herald of 24th and 26th August 1941 and two charges were framed against him, one in respect of each article. The Sessions Judge held that the charge arising out of the article of 24th August was not established, but that the appellant was guilty under the second charge relating to the article of 26th August. He sentenced the appellant to six months' simple imprisonment and a fine of Rs. 750, with three months' further simple imprison, ment in default of payment. He awarded the whole amount of the fine, if realised, to Mr. Ledlie as compensation. As the appellant was acquitted on the first charge it is not necessary to consider in this appeal whether the first article was of a defamatory character. The learned Counsel for the appellant has however asked me to take it into consideration as furnishing a basis or background for the second article. Five passages from each article were specified in the charges as being particularly defamatory. Copies of the National Herald containing the articles are on the record and the appellant does not deny his responsibility for them. The five passages specified in the first charge are these:

(a) The law of the jungle reigned supreme in the Lucknow Camp Jail on 18th August when about 200 policemen charged political prisoners, numbering about 1700, with shoes, lathis and whips, in the presence of the Superintendent of the camp jail and the City Magistrate of Lucknow. Serious injuries were caused to 40 political prisoners and minor injuries to 260. (b) Before departing for their cells, the half-starved political prisoners put up their demand for 'roti' before the Superintendent and the City Magistrate. They asked for bread but got lathi and shoe beating instead. All of a sudden 200 policemen were let loose on them. The political prisoners were kicked, whipped and beaten with lathis. Some were hurled down on the hard ground and beaten, (c) The orgy ended when all the political prisoners were dragged to their cells from where they were allowed to come out after several hours, (d) Heads, ribs and eyes figure prominently in the more serious injuries, (e) Having done the hammering of the political prisoners, the authorities left them to their own lot.

2. The second charge refers particularly to the following passages:

(a) Is the Lucknow camp jail outside the pale of civilization? Is it a jail or a jungle? What is the law that prevails there? (b) There have been two lathi charges on the political prisoners resulting in serious injuries to several of thorn. (c) Before entering the cells, the half starved political prisoners put up their demand for roti before the Superintendent and the City Magistrate who was there. They asked for bread and they got the lathi, the shoe and the whip. The orgy of violence ended only when the prisoners had been dragged to their cells. Some of the injuries they sustained were serious. (d) Solitary imprisonment, which has become fashionable in the jail was awarded to some of them, interviews and letters have been stopped altogether. (e) Superintendent Ledlie of the Lucknow camp jail, can no longer be allowed to make history; he seems to be abnormal. In the name of discipline he is practising sadism, and he has spread the contagion to the jail officials. His forte seems to be extracting apologies from prisoners after breaking their spirit. There he has failed and