Kailash Prasad, J. - (1.) THESE are three connected cases -two appeals and one revision -which arise from the judgment dated 8th October, 1960 of the Additional Sessions Judge, Mathura. Appeal No. 1943 of 1960 has been filed by Sohan Lal Sharma, a practising Lawyer of Mathura, who has been convicted by the Additional Sessions Judge under Section 500 IPC and sentenced to a fine of Rs. 100 and in default of payment of fine to simple imprisonment for seven days. Appeal No. 62 of 1961 has been filed by Narendra Mitra, Editor, printer and publisher of a newspaper called 'Nai Lahar.' He has been convicted by the Additional Sessions Judge under Section 501 and 502 IPC and sentenced to a fine of Rs. 50 under each count. In default of payment of fine he has been ordered to undergo simple imprisonment for seven days. The Cr.R. has been filed by the state of Uttar Pradesh with the prayer that the sentences passed on the accused be enhanced.
(2.) THE case of the prosecution is that between 27 -3 -1955 and 28 -4 -1957, K.B. Saksena, Tahsildar was the consolidation officer of Baldeo Circle in Mathura district. In the issue of 28 -4 -1956 of the newspaper Nai Lahar there appeared an article containing defamatory matter. Sohan Lal Sharma contributed the article and Narendra Mitra printed and published it in the said newspaper. The article contained matters defamatory of K.B. Saksena. The original article is Exhibit (sic)a. 4 and it admittedly bears the signatures of Sohan Lal Sharma. The complaint was filed under Section 198B, CrPC. Both the Appellants pleaded not guilty and denied the charges framed against them. Sohan Lal Sharma stated that the article was signed by him, but he denied that he sent it to Narendral Mitra for publication in Nai Lahar. He further stated that he could not say how it was published. He also stated that the matter contained in the article was not defamatory and the contents of the article were entirely true and he has been prosecuted only because he was opposed to corruption rampant in the department of Consolidation of Holdings.
(3.) NARENDRA Mitra did not deny the publication of the, article in his newspaper. He admitted that a short note above the article was his own. He also stated that Sohan Lal Sharma had given it to him for publication in the newspaper and the contents of the article were so far as he knew, true.;