SMT. JUSTICE T. RAJANI
CRIMINAL APPEAL No.1094 of 2008
22.02.2018
Dr. Tumu Venkata Ramana Chandra Prasad.... APPELLANT
Smt. K. Varalakshmi and another.... RESPONDENTS
Counsel for Appellant:PARTY-IN-PERSON
Counsel for Respondents:MR. GLV RAMANA MURTHY PUBLIC PROSECUTOR (AP)
<GIST :
>HEAD NOTE:
?Cases referred:
SMT JUSTICE T. RAJANI
CRIMINAL APPEAL No.1094 of 2008
JUDGMENT:
Aggrieved by the acquittal of the accused in CC.No.133 of 2004,
by virtue of the judgment dated 05.06.2008, passed by the Munsif
Magistrate, Vinukonda, the appellant filed this appeal.
2. Briefly, the facts of the case can be stated as under:
The defacto complainant, who is the appellant herein, took
charge as Medical Officer, Government Hospital, Vinukonda on
22.05.2002 and he was in charge till 21.03.2003. He was awarded
best Family Planning Surgeon by the District Medical and Health
Officer, Guntur, the then Honble Health Minister and the District
Collector, Guntur, respectively. He also worked as in charge for the
Primary Health Centers, Enugupalem and Bollapalli in addition to
Government Hospital, Guntur. In the month of January 2004, one staff
nurse by name K. Vara Lakshmi, who is the accused, absconded from
duty, after putting signature in the attendance register. In spite of
several oral instructions, she used to commit the same irregularity.
He instructed the in charge UDC to obtain leave letter from her,
but the acccused, without submitting the leave letter and any
explanation, created a drama at her residence, that she was
attempting to commit suicide by hanging. In fact, there was no such
attempt and there was no harassment. No case was registered against
her. The husband of the said staff nurse, who is the accused in this
case, is a quack Doctor running a clinic and the accused used to attend
that clinic by absconding from duty at Government Hospital,
Vinukonda.
The accused made people believe that she attempted suicide by
hanging. It is a pre-planed and pre-meditated act, with evil desires, so
as to bring the complainant to terms with her. There was a news item
published in Andhra Jyothi dated 07.02.2004 with baseless and false
allegations. Due the above behaviour of the accused, the complainant
suffered mental agony. The news item is defamatory, inasmuch as it
had denounced him falsely and it lowers the respect and estimation in
the hearts of the readers of the newspaper. Hence, the complaint was
filed by the defacto complainant.
3. After following the legal formalities, the Court below tried the
case and based on the evidence, it passed the impugned judgment,
on which this appeal is preferred on the following grounds:
The Magistrate ought to have seen that the accused absconded
from duty after putting signature in the attendance register, in spite of
several oral instructions and ought to have seen that there was no
harassment by the appellant, for an attempt to commit suicide by the
accused. The Magistrate ought to have seen that the evidence of
P.Ws.4, 5 and 6 corroborated to the extent of irregular attendance of
the accused and ought to have seen that it establishes that they went
to the residence of the accused on 06.02.2004 and noticed that there
were no signs and symptoms of attempt to commit suicide.
The Magistrate ought to have seen that the news item in the Andhra
Jyothi is without any material evidence and false and ought to have
seen that the news item is a clear imputation concerning the appellant
and intending to harm the reputation of the appellant. The Magistrate
ought to have seen that Ex.D3 disclosed that the accused absconded
from duty. The Magistrate ought to have seen that the Collector,
Guntur furnished a letter dated 15.12.2006 to the appellant stating
that as per the records available in their office, no such letter in
Rc.No.392/E1/2004 dated 08.04.2004.
4. Based on the grounds raised in the appeal and the arguments,
extended by the appellant in person, which are same as mentioned in
the grounds of appeal, the following points can be taken up for
consideration:
1. Whether the alleged news paper item is published at
the instance of the accused.
2. Whether the offence punishable under Section 500 of
the Indian Penal Code is made out against the
accused.
3. To what relief.
POINT Nos.1 and 2:
5. A glance at Section 499 IPC, would be profitable, to appreciate
whether the news item, if, was published, at the instance of the
accused, amounts to defamation or not.
499. Defamation.Whoever, by words either spoken or
intended to be read, or by signs or by visible representations,
makes or publishes any imputation concerning any person
intending to harm, or knowing or having reason to believe that
such imputation will harm, the reputation of such person, is
said, except in the cases hereinafter expected, to defame that
person.
Explanation 1.It may amount to defamation to impute
anything to a deceased person, if the imputation would harm
the reputation of that person if living, and is intended to be
hurtful to the feelings of his family or other near relatives.
Explanation 2.It may amount to defamation to make
an imputation concerning a company or an association or
collection of persons as such.
Explanation 3.An imputation in the form of an
alternative or expressed ironically, may amount to defamation.
Explanation 4.No imputation is said to harm a persons
reputation, unless that imputation directly or indirectly, in the
estimation of others, lowers the moral or intellectual character
of that person, or lowers the character of that person in respect
of his caste or of his calling, or lowers the credit of that person,
or causes it to be believed that the body of that person is in a
loathsome state, or in a state generally considered as disgrace-
ful.
6. The appellant vehemently contends that there is ample evidence
to show that the accused absconded from duty and that Ex.D3
evidences the same. The absconding nature of the accused is spoken
to, by not only by P.W.1 and P.W.4, with whom, allegedly, P.W.1 had
intimacy as per the news paper publication, but also P.W.5, who is
another staff nurse working in the same hospital.
7. All the above three witnesses consistently spoke about the
regular absence of the accused from duties. The evidence of P.W.5
further shows that she went to the house of the accused but did not
notice any signs or symptoms of hanging by the accused. With regard
to any attempt, by the accused, to commit suicide, the evidence of
P.Ws.2 and 3, who are the reporters of the news papers in Andhra
Jyothi and Eenadu, would show that an information was passed on to
them that the accused attempted suicide. Information was not stated
to have been passed on by the accused, in which case it can be said
that, that information might have been false. When the information
comes from someone, other than the accused, it suggests that the
information was correct. P.W.5 cannot be considered as a witness, who
had expertise to examine the scene of offence and arrive at a
conclusion that there were signs or no signs of hanging. Moreover,
hanging does not leave any remarkable signs. Hence, to the extent of
the accused attempting to commit suicide, the evidence of P.Ws.2 and
3 can be relied upon and it can be said that there was an attempt of
suicide by the accused.
8. The next question would be whether it is the accused,
who reported about her attempt to commit suicide to P.Ws.2 and 3 so
as to get it published in the news papers. In the above paragraph,
it was observed that it is not the accused, who gave the information.
The evidence of P.W.2 is that someone called him over phone and
informed that the accused was trying to commit suicide. It is on such
information that he went to the house of the accused, where he found
her and it is only when he enquired with her as to what happened, she
informed him that due to the harassment of the complainant, she tired
to commit suicide. He also spoke about other news paper reporters,
who were present there. On the basis of the information given by the
accused, he had sent news item to their office and they got published
the news item. The evidence of P.W.3 is also on the same lines.
He spoke that on information, he went to the house of the accused,
but he did not specify that the information was given by the accused.
Hence, what comes out from the evidence of P.Ws.2 and 3 is that the
news of the attempt to commit suicide by the accused came to them
through some other source, but not through the accused and on such
information, they went to the house of the accused and it is when they
enquired with the accused, that the accused disclosed to them the
reason for her attempt to commit suicide.
9. The material aspect that is required for assessment of the guilt
of the accused for the offence punishable under Section 500 IPC is
whether the publication made, allegedly, containing imputation
which would harm the complainant, is at the behest of the accused.
The above discussion has already surfaced the innocence of the
accused with regard to the publication made in the newspaper.
It is only when the accused was enquired by the reporters, that she
had to reveal the reason for her attempt to commit suicide and in that
process, she revealed the reason but it is not with an intent to get the
same published through P.Ws.2 and 3. It is only P.Ws.2 and 3, who
decided to publish the information, which was divulged to them.
Hence, the defamation, if any caused by the article, is due to the
publication made by P.Ws.2 and 3 but not by the information given by
the accused to them, without any intent of getting the same published.
When such is the conclusion on the role of the accused, in
getting the news item published, the argument that she has been
absconding and that the same is proved through the witnesses, does
not have any relevance. Hence, in view of the above, this Court opines
that there is no need for any interference with the judgment of the
Court below.
The points are accordingly answered.
The criminal appeal is dismissed. As a sequel,
the miscellaneous applications, if any pending, shall stand closed.
__________
T. RAJANI, J
February 22, 2018
CRIMINAL APPEAL No.1094 of 2008
22.02.2018
Dr. Tumu Venkata Ramana Chandra Prasad.... APPELLANT
Smt. K. Varalakshmi and another.... RESPONDENTS
Counsel for Appellant:PARTY-IN-PERSON
Counsel for Respondents:MR. GLV RAMANA MURTHY PUBLIC PROSECUTOR (AP)
<GIST :
>HEAD NOTE:
?Cases referred:
SMT JUSTICE T. RAJANI
CRIMINAL APPEAL No.1094 of 2008
JUDGMENT:
Aggrieved by the acquittal of the accused in CC.No.133 of 2004,
by virtue of the judgment dated 05.06.2008, passed by the Munsif
Magistrate, Vinukonda, the appellant filed this appeal.
2. Briefly, the facts of the case can be stated as under:
The defacto complainant, who is the appellant herein, took
charge as Medical Officer, Government Hospital, Vinukonda on
22.05.2002 and he was in charge till 21.03.2003. He was awarded
best Family Planning Surgeon by the District Medical and Health
Officer, Guntur, the then Honble Health Minister and the District
Collector, Guntur, respectively. He also worked as in charge for the
Primary Health Centers, Enugupalem and Bollapalli in addition to
Government Hospital, Guntur. In the month of January 2004, one staff
nurse by name K. Vara Lakshmi, who is the accused, absconded from
duty, after putting signature in the attendance register. In spite of
several oral instructions, she used to commit the same irregularity.
He instructed the in charge UDC to obtain leave letter from her,
but the acccused, without submitting the leave letter and any
explanation, created a drama at her residence, that she was
attempting to commit suicide by hanging. In fact, there was no such
attempt and there was no harassment. No case was registered against
her. The husband of the said staff nurse, who is the accused in this
case, is a quack Doctor running a clinic and the accused used to attend
that clinic by absconding from duty at Government Hospital,
Vinukonda.
The accused made people believe that she attempted suicide by
hanging. It is a pre-planed and pre-meditated act, with evil desires, so
as to bring the complainant to terms with her. There was a news item
published in Andhra Jyothi dated 07.02.2004 with baseless and false
allegations. Due the above behaviour of the accused, the complainant
suffered mental agony. The news item is defamatory, inasmuch as it
had denounced him falsely and it lowers the respect and estimation in
the hearts of the readers of the newspaper. Hence, the complaint was
filed by the defacto complainant.
3. After following the legal formalities, the Court below tried the
case and based on the evidence, it passed the impugned judgment,
on which this appeal is preferred on the following grounds:
The Magistrate ought to have seen that the accused absconded
from duty after putting signature in the attendance register, in spite of
several oral instructions and ought to have seen that there was no
harassment by the appellant, for an attempt to commit suicide by the
accused. The Magistrate ought to have seen that the evidence of
P.Ws.4, 5 and 6 corroborated to the extent of irregular attendance of
the accused and ought to have seen that it establishes that they went
to the residence of the accused on 06.02.2004 and noticed that there
were no signs and symptoms of attempt to commit suicide.
The Magistrate ought to have seen that the news item in the Andhra
Jyothi is without any material evidence and false and ought to have
seen that the news item is a clear imputation concerning the appellant
and intending to harm the reputation of the appellant. The Magistrate
ought to have seen that Ex.D3 disclosed that the accused absconded
from duty. The Magistrate ought to have seen that the Collector,
Guntur furnished a letter dated 15.12.2006 to the appellant stating
that as per the records available in their office, no such letter in
Rc.No.392/E1/2004 dated 08.04.2004.
4. Based on the grounds raised in the appeal and the arguments,
extended by the appellant in person, which are same as mentioned in
the grounds of appeal, the following points can be taken up for
consideration:
1. Whether the alleged news paper item is published at
the instance of the accused.
2. Whether the offence punishable under Section 500 of
the Indian Penal Code is made out against the
accused.
3. To what relief.
POINT Nos.1 and 2:
5. A glance at Section 499 IPC, would be profitable, to appreciate
whether the news item, if, was published, at the instance of the
accused, amounts to defamation or not.
499. Defamation.Whoever, by words either spoken or
intended to be read, or by signs or by visible representations,
makes or publishes any imputation concerning any person
intending to harm, or knowing or having reason to believe that
such imputation will harm, the reputation of such person, is
said, except in the cases hereinafter expected, to defame that
person.
Explanation 1.It may amount to defamation to impute
anything to a deceased person, if the imputation would harm
the reputation of that person if living, and is intended to be
hurtful to the feelings of his family or other near relatives.
Explanation 2.It may amount to defamation to make
an imputation concerning a company or an association or
collection of persons as such.
Explanation 3.An imputation in the form of an
alternative or expressed ironically, may amount to defamation.
Explanation 4.No imputation is said to harm a persons
reputation, unless that imputation directly or indirectly, in the
estimation of others, lowers the moral or intellectual character
of that person, or lowers the character of that person in respect
of his caste or of his calling, or lowers the credit of that person,
or causes it to be believed that the body of that person is in a
loathsome state, or in a state generally considered as disgrace-
ful.
6. The appellant vehemently contends that there is ample evidence
to show that the accused absconded from duty and that Ex.D3
evidences the same. The absconding nature of the accused is spoken
to, by not only by P.W.1 and P.W.4, with whom, allegedly, P.W.1 had
intimacy as per the news paper publication, but also P.W.5, who is
another staff nurse working in the same hospital.
7. All the above three witnesses consistently spoke about the
regular absence of the accused from duties. The evidence of P.W.5
further shows that she went to the house of the accused but did not
notice any signs or symptoms of hanging by the accused. With regard
to any attempt, by the accused, to commit suicide, the evidence of
P.Ws.2 and 3, who are the reporters of the news papers in Andhra
Jyothi and Eenadu, would show that an information was passed on to
them that the accused attempted suicide. Information was not stated
to have been passed on by the accused, in which case it can be said
that, that information might have been false. When the information
comes from someone, other than the accused, it suggests that the
information was correct. P.W.5 cannot be considered as a witness, who
had expertise to examine the scene of offence and arrive at a
conclusion that there were signs or no signs of hanging. Moreover,
hanging does not leave any remarkable signs. Hence, to the extent of
the accused attempting to commit suicide, the evidence of P.Ws.2 and
3 can be relied upon and it can be said that there was an attempt of
suicide by the accused.
8. The next question would be whether it is the accused,
who reported about her attempt to commit suicide to P.Ws.2 and 3 so
as to get it published in the news papers. In the above paragraph,
it was observed that it is not the accused, who gave the information.
The evidence of P.W.2 is that someone called him over phone and
informed that the accused was trying to commit suicide. It is on such
information that he went to the house of the accused, where he found
her and it is only when he enquired with her as to what happened, she
informed him that due to the harassment of the complainant, she tired
to commit suicide. He also spoke about other news paper reporters,
who were present there. On the basis of the information given by the
accused, he had sent news item to their office and they got published
the news item. The evidence of P.W.3 is also on the same lines.
He spoke that on information, he went to the house of the accused,
but he did not specify that the information was given by the accused.
Hence, what comes out from the evidence of P.Ws.2 and 3 is that the
news of the attempt to commit suicide by the accused came to them
through some other source, but not through the accused and on such
information, they went to the house of the accused and it is when they
enquired with the accused, that the accused disclosed to them the
reason for her attempt to commit suicide.
9. The material aspect that is required for assessment of the guilt
of the accused for the offence punishable under Section 500 IPC is
whether the publication made, allegedly, containing imputation
which would harm the complainant, is at the behest of the accused.
The above discussion has already surfaced the innocence of the
accused with regard to the publication made in the newspaper.
It is only when the accused was enquired by the reporters, that she
had to reveal the reason for her attempt to commit suicide and in that
process, she revealed the reason but it is not with an intent to get the
same published through P.Ws.2 and 3. It is only P.Ws.2 and 3, who
decided to publish the information, which was divulged to them.
Hence, the defamation, if any caused by the article, is due to the
publication made by P.Ws.2 and 3 but not by the information given by
the accused to them, without any intent of getting the same published.
When such is the conclusion on the role of the accused, in
getting the news item published, the argument that she has been
absconding and that the same is proved through the witnesses, does
not have any relevance. Hence, in view of the above, this Court opines
that there is no need for any interference with the judgment of the
Court below.
The points are accordingly answered.
The criminal appeal is dismissed. As a sequel,
the miscellaneous applications, if any pending, shall stand closed.
__________
T. RAJANI, J
February 22, 2018
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