D.S. Mathur, J. - (1.) This is an application in revision by Khan Gufran Zahidi to challenge his conviction of an offence punishable under Section 153-A, I.P.C. and the sentence of six months simple imprisonment and a fine of Rs. 100/-. The charge framed against the applicant was: "That you on 29/30th May, 1959, in your newspaper Urdu daily Siyasat Jadid issue dated 30-5-1959 (local dated 29-5-1959) being the editor, printer and publisher of the aforesaid newspaper engraved and printed at Hindustani Press, 105/232, Chamanganj, and published from 105/233 Chamanganj, police circle Sisamau, Kanpur, the news item - 'Main Wazir Police hota to tamam masjidon ko topon se ura deta aur lashon ke dher lagadeta. Ek din ke lie bhi hukumat mil jae to main tamam Musalmano ho bhag jane per majboor kar dun. Jin Mandiron ko Masjidon men tabdil kar liya gaya hai woh jab tak Hinduon ko wapas na ki jaengi us waqat tak Hindustan men fisadaat hote rahenge. Dafa 144 khatam hote hi Bhopal men firqaparaston ki zahar afsanion ke silsila phir jari ho gaya. Mahasabhahi mokarriron ne al ailan kaha ki ek nahin ek hazar fisad honge aur koi uneh rok nahin sakta'. maliciously with intention of promoting feelings of enmity and hatred between Hindus and Muslims, the two different classes of citizens of India, and thereby committed an offence punishable under Section 153-A of the I.P.C.".
(2.) The Magistrate was inclined to be of the opinion that the news item so published by the applicant was not fully correct and some inflammatory sentences were added to it and that was done with the intention to promote feelings of enmity or hatred between Hindus and Muslims. He also observed in the alternative that even if it be taken for granted that the accused published only those facts which were narrated by the speakers in the meetings, still the way and circumstances in which they were published clearly indicated that the intention of the applicant was not an honest one and it was done with malicious intention in order to promote feelings of enmity or hatred between Hindus and Muslims. The Sessions Judge hearing the appeal did not record any finding on the truth of the statements referred to in the news item, but on a perusal thereof recorded the finding that the charge was established.
(3.) For the disposal of the present revision, it is not necessary to record a finding as to whether the speeches of the speakers in the meetings held at Bhopal and Sironj had in fact been correctly reproduced by the applicant in the above issue of his newspaper. We can start with the assumption that in the main report speeches had, on the whole, been correctly reproduced. The heading of the news-item published in thick block letters has, however, not been published to give a proper synopsis of the news item and the point for consideration shall be whether the heading can be read by itself or it must be deemed to be a part of the news item and no inference be drawn from the heading alone. On this point detailed comments shall be made later.;