1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 67 OF 2009 Bhagwandas Rangiram age 65 years, Occu. Ex Secretary Sagat Swami Maharaj Math Trust Jafargate, Aurangabad Tq. & District. Aurangbaad. ... Petitioner. (Ori. Accused) Versus 1) The State of Maharashtra through the Public Prosecutor High Court of Bombay Bench At Aurangabad. 2) Chhotelal Puransingh Arora age 64 years, Occu. Pensioner and Agricultural R/o Khandkeshwar Aurangabad, Tq. & District Aurangabad. ... Respondents. -------- Shri. M.R. Andhale, Advocate for the Petitioner. Shri. S.D. Kaldate, Additional Public Prosecutor, for the Respondent No. 1 / State. Shri S.C. Arora, Advocate for Respondent No.2 -------- CORAM: NARESH H PATIL & SHRIHARI P DAVARE,JJ. DATE: 10th September 2009 2 ORAL JUDGMENT (PER NARESH H PATIL, J) 1) Heard learned counsel for the parties. Rule returnable forthwith. By consent taken up for hearing. 2) Present Criminal Revision Application arises out of judgment and order dated 10th May, 2007 in S.C.C. No. 899/2009 passed by the Judicial Magistrate First Class 10th, Aurangabad and judgment and order dated 04th February, 2009 in Criminal Appeal No. 86/2007 delivered by the Sessions Judge, Aurangabad. 3) In short the brief facts are that the complainant / Respondent No. 2 Chhotelal Puransing Arora filed a complaint against the Petitioner Bhagwandas Rangiram for offence punishable under Section 500 of Indian Penal Code. According to the complainant he was to look after the affairs of Trust namely Shri Jawaldas Maharaj Math Trust, Jafargate, Aurangabad along with witness No. 1 & 2 i.e. Mangala Thakur and Santosh Bhale, the registration of the said Trust 3 is A-318. The Trust is having immovable property i.e. land bearing plot Nos. 52,79, 135 at Village Adgaon, Tq. & Dist. Aurangabad, and land Gut No. 293 at Village Gandhali, Tq. & Dist. Aurangabad. According to the complainant the petitioner / accused has no right and concerned with the Management and affairs of the Trust as well as the immovable properties. According to the complainant accused is neither the trustee nor member of the Managing Committee of the Trust. The trust is cultivating the lands. The complainant submitted that accused was causing obstruction in the Management of the trust in cultivation of the land belonging to the trust. A civil dispute bearing RCS No. 1075/2000 was filed against the petitioner / accused. 4) The complainant submitted that accused was disobeying order of temporary injunction therefore, proceedings were initiated for disobedience of the order before the Civil Judge Senior Division, Aurangabad. The complainant 4 further submitted that the petitioner / accused made false allegations / imputations against the complainant and Mangala Thakur, which are fraudulent and defamatory in nature. Such publication was published in “ Daily Samana” dated 22-05-2002 against the complainant and witness No. 1. During the proceeding initiated the accused caused his appearance before the trial court, particulars of the offence were explained to the accused. The accused pleaded ‘not guilty’ and claimed to be tried. After perusal of the pleadings, documents and evidence the trial court framed points for determination. 5) The complainant examined three witnesses before the trial court. Alleged defamatory publication was produced before the Court. It was the case of the complainant that imputations have lowered down the image of the complainant in the society. The complainant submitted that he and Mangala Thakur are persons of reputation in the 5 society, they are looking after affairs of the trust since last so many years. Due to publications, imputations made by the accused they have been defamed. The complainant examined Venkatesh Daware a lawyer (Exh.40 A). Statement under Section 313 of Criminal Procedure Code was recorded. The trial court after considering the evidence on record, by a reasoned judgment and order convicted the accused for offence punishable under section 500 of Indian Penal Code as per section 255(2) of Criminal Procedure Code. The accused was sentenced to suffer simple imprisonment for one year and to pay a fine of Rs. 2000/- (Rs. Two thousand only), and the amount of fine was directed to be paid to the complainant. 6) The accused preferred an appeal to the Sessions Court. Vide judgment and order dated 04-02-2009, the Sessions Court, Aurangabad dismissed the appeal. While dismissing the appeal the Sessions Judge observed that :- 6 “ The accused has left the court during the course of dictation of judgment. The Trial Court is directed to issue non bailable warrant (NBW) against the accused / appellant to secure his presence for exaction of the punishment. 7) Learned counsel Shri Andhale submitted that the entire proceedings of the trial court are vitiated, as the trial court ought to have conducted a summary trial in view of the provisions of Section 262 of the Criminal Procedure Code. If the trial was conducted as a summary trial the punishment of sentence could not exceed more than three months. It was further submitted by the learned counsel that the accused was working as a Secretary of the Trust, in that capacity he had issued paper publication in the benefit of trust and in the interest of the society at large. He is sincere devotee of the trust activities and, therefore, he could not tolerate the alleged mis-management, mis-deeds of 7 the complainant and others. The counsel submitted that there was no any intention to defame the complainant. 8) The learned counsel appearing for complainant submitted that the petitioner is in habit of making such imputations which are defamatory in nature and causing harm to the reputation of the complainant who along with other members is looking after huge immovable properties belonging to the Trust. Sincere efforts of managing committee members were frustrated due to harassment made by the petitioner and more particularly the news item published in news paper. Such publication tend to spread unnecessary suspicion in the minds of people at large apart from defaming the concerned, according to the learned counsel. During the course of argument the learned counsel appearing for the complainant invited our attention to the order passed in Criminal Revision Application No. 184/2007, wherein in identical circumstances the 8 courts below convicted and sentenced the petitioner for offence punishable under section 500 of Indian Penal Code and reduced the period of sentence and directed him to suffer simple imprisonment for one month and to pay a fine of Rs. 3,000/- (Rs. Three thousand only). The learned Single Judge (Coram: Hon’ble B.R. Gavai, J) by order dated 3rd October,2007 rejected the Criminal Revision Application No. 184/2007. It was observed by the Hon’ble Judge in para No. 3 of the order :- “ The learned courts below, on appreciation of the evidence have found that the publication made by the present applicant in the newspaper, whereby respondent No. 2 was called as, “thief” was sufficient in order to prove the offence under Section 500 of the Indian Penal Code. The same finding of fact, has been affirmed by the learned appellate Court. However, taking into consideration, the age of the applicant, the 9 leniency has been shown and the sentence has been reduced to simple imprisonment for one month. No perversity is found in the approach adopted by the learned courts below. The learned appellate court has already shown leniency by reducing the sentence from rigorous imprisonment for six months to simple imprisonment for one month. In that view of the matter, the present Criminal Revision Application is rejected.” 9) We have perused the judgment and order passed by both the courts below in the proceedings of this case. We find that both the courts below considered the evidence on record and appreciated it correctly. We do not find any perversity in the judgment and orders passed by the trial court and the appellate court. We find that litigation is going on in the office of Charity Commissioner and the Civil court. 10 10) Before issuing any publication person is required to be cautious and careful regarding the nature of statements being published, and in case if it is found statements published are defamatory in nature then serious consequences follow. Both the courts have found that the publications made in the news paper by the petitioner have caused harm to the reputation of the complainant and have defamed him. 11) In exercise of revisional powers we do not find this is a fit case to disturb the findings reached by the Courts, as regards the defamatory statement being published in the news paper and the findings that the petitioner / accused had committed the offence punishable under Section 500 of IPC. 12) Considering the facts of the case, and the nature of litigation in which parties are involved, and more particularly the age of the petitioner which is around 68 years, we are 11 inclined to reduce period of sentence imposed by the courts below. 13) During the course of hearing the learned counsel Shri Andhale submitted an undertaking to this Court which reads as under. “ That the deponent undertake that he will not publish any defamatory statements / advertisement in News paper in future against the respondent No. 2 and 3 relating to the Public Trust property the deponent has no criminal record in previously. The deponent will not take law in his hands illegally against the Trustee. The deponent submitting this apology before this Court. 14) Learned counsel appearing for complainant raised objection to the Petitioner’s referring himself to be Secretary of the trust. It was submitted that the petitioner is in the habit of making false statements and does not show any repentance. 12 15) Taking into consideration in its entirity the issue, we find that the sentence imposed by the courts below is required to be reduced. 16) We therefore direct that instead of imposition of sentence of one year it is reduced to one month with fine of Rs. 5000/-, in default of payment of fine, the petitioner shall suffer sentence for a period of fifteen (15) days. The fine amount be deposited in the trial court. With these modifications Criminal Revision Application is partly allowed. Rule made partly absolute. (SHRIHARI P. DAVARE, J.) (NARESH H PATIL, J.) sdm/67.09