RANGE GOWDA, J. ( 1 ) THIS appeal under S, 417 (3) of Cr. P. C. , is directed against the judgment dated 31-12-1968 passed, by the Additional First Class Magistrate of mangalore, S. Kanara, in C. C, No. 3273 of 1967, acquitting me respondent-accused of the offence under S. 500 IPC. , arid foe tacts leading to the same may briefly be stated. ( 2 ) THE appellant-complainant at whose instance the proceedings in C. C. No. 3273 of 1967 started, is a resident of Mangalore ana is employed in the karnatak Bank, Harnpanakatta, Mangalore Town. His younger sister sunanda was married to one Gururaja Rao s/o. Dr. P. Ananua Rao of kotekar in the year 1964 and on or aoout the midnight of 28/1/1967 she died. On coming to know of the same, the appellant rushed to Kotekar reaching it at aoout 2 a. m. on 29/1/1967 and mere suspecting that it was a case of unnatural death, he asked both Gururaja Rao and his father ananda Rao not to proceed with the cremation till post mortem examination was conducted over the dead body. But, neitner Gururaja Rao nor ananda Rao heeded to his words and eventually they cremated the dead body of Sunanda. Thereupon, the appellant tiled a complain before the circle Inspector of Police, Rural Circle, Kanakanady on the same day i. e. 29/1/1967 for taking action in that regard. ( 3 ) LATER, a series of articles appeared in a Kannada Weekly newspaper known as 'ashavadi' printed and published in Mangalore, concerning the death of the said Sunanda and they are marked as Exts. D-1 (a) to D-9 (a) and the first is dt. 9/3/1967 and the last 24/8/1967. Therein it was alleged among other things that the death of Sunanda was not a natural one but was a case of deliberate and pre-arranged murder. Serious allegations were also made against her husband Gururaja Rao and his parents and some others including Sri Bhasker Rao of Rama Pharmacy of Mangalore town, suggesting that the death of Sunanda was brought about by them. In some of the articles, aspersions were also cast on the Police Officers on the ground that proper action was not taken by them for unearthing the cause for Sunanda's death. In some of the articles, aspersions were also cast on the Police Officers on the ground that proper action was not taken by them for unearthing the cause for Sunanda's death. ( 4 ) THEN on 18-6-1967, the respondent-accused who is the Editor, Printer and Publisher of a Kannada Weekly Newspaper 'janaraj' which is printed and published at 'sadguru Printers' in Kotekar, Mangalore Taluk, published in the said newspaper a letter purporting to have been written by one Sri Krishna under the Caption " rtosces across wvsrse, which is marked as Exts P-2 (a) and paragraphs 5 to 7 therein, which is material, read thus: ( 5 ) THE appellant thereupon issued a notice on 27-6-1967, as per Ext. P-3, through his Advocate Sri G. K. Shevgoor stating that the allegations in ext. P-2 (a) were false and defamatory and were made with a view to maligning and defaming him and lowering him in the estimation of the persons who knew him. He also called upon the respondent to pay to him within a week from the date of receipt of that notice, a sum of Rs. 10,000 as damages. On receipt of that notice, the respondent on 9-7-1967 published in his weekly newspaper 'janaraj' an article, marked as Ext. P-4, pleading justification in respect of publication of Ext. P-2 (a ). It was also made known in that article that he had no intention of defaming him (the appellant) or anybody and his motive in publishing Ext. P-2 (a) was only to being out the true facts. ( 6 ) THE appellant then on 20/11/1967 filed a complaint under S. 499 and punishable under S. 500 of IPC. in the Court of the Additional First Class magistrate, Mangalore, which is marked as Ext. P-6, for taking action against the respondent for having published Ext. P-2 (a) in his newspaper. The complaint was taken on file and the case was registered under S. 499 ipc. The appellant, in support of his case, examined himself and two witnesses. His evidence, as PW. 2, was to the effect that the allegations in ext. P-2 (a) were false and malicious and they were made with the sole intention of defaming and lowering him in the estimation of others. The evidence of his witness P. W. 3 Shama Rao was to the effect that till he read Ext. His evidence, as PW. 2, was to the effect that the allegations in ext. P-2 (a) were false and malicious and they were made with the sole intention of defaming and lowering him in the estimation of others. The evidence of his witness P. W. 3 Shama Rao was to the effect that till he read Ext. P-2 (a) he had great regard and respect for him (the appellant) and had considered him as a gentleman and thereafter he gained the impression that he is a dishonest person who had deceived his sister, his mother and his best friend, Sri Bhaskar Rao. ( 7 ) THE respondent when examined under S. 342 Cr. P. C. , admitted that he is the Editor, Printer and Publisher of the weekly newspaper 'janaraj' and that he published the letter Ext. P-2 (a) in that paper. He however, denied that it contained false or defamatory statements touching the character or reputation of the appellant. He pleaded that the imputations in Ext. P-2 (a) were true and were made in good faith and for public good and he committed no offence, and this is how his statement under S. 342 of the Cr. P. C, reads:"any of the allegations made therein are not without support, not made with vengeance and are not defamatory. I have made them with good intention. Many articles in regard to the death of Sunandamma which would create curiosity in the minds of the public, appeared in the issues of 'ashavadi' i. e. , Exts.-D1 to 9. Since it was mentioned in the said publications that the Sunanda's death was not a natural one, it roused the curiosity of the public in regard to the death of Sunandamma. I received many letters from the readers in that behalf. Sri Krishna mentioned in Ext. D-10, were amongst them. Thereafter, I made considerable enquiry in regard to the death of Sunandamma. I enquired in regard to the letter of Sri Krishna published in Ext. P-2 (a ). I believed it and published them in the interest of the public and with good intention. " ( 8 ) ON his behalf, the appellant's paternal uncle Srinivasayya was examined as DW. l to show that the averments in Ext. I enquired in regard to the letter of Sri Krishna published in Ext. P-2 (a ). I believed it and published them in the interest of the public and with good intention. " ( 8 ) ON his behalf, the appellant's paternal uncle Srinivasayya was examined as DW. l to show that the averments in Ext. P-2 (a) to the effect that the appellant and Bhaskar Rao were friends and that the appellant during the betrothal ceremony of his sister Sunanda, asked his mother to part with her jewels for performing her (Sunanda's) marriage and she refused to give her jewels and then he approached Bhasker Rao and accordingly bhaskar Rao helped him by providing the necessary jewels etc,, are true. ( 9 ) THE Magistrate took the view that certain averments in Ext. P-2 (a) were per se defamatory. They were to the effect that, as a result of the appellant's mother refusing to spare her jewels for Sunanda's marriage, he approached Bhasker Rao of Rama Pharmacy with tears in his eyes and appealed to him to save his reputation and that the said Bhasker Rao seeing his difficulties secured the necessary jewels out of his own money and thereby enabled him to perform the marriage of his sister Sunanda, and questioning whether, on the occasion of Sunanda's death, the appellant was justified in defaming through Mangalore Weekly Newspaper the fair name and status of Mr. Rhasker Rao who had previously saved his prestige. While taking that view this is what the Magistrate has stated:"the evidence on record shows and it is also not disputed by the complainant that at the time of Sunanda's marriage he had the necessary funds with him for the purchase of jewels for her and if these allegations are true, they certainly create an impression in the mind of the public that the complainant is a man who has not only failed to discharge his own duties towards his own sister but has also stooped to approach others for help and that too having sufficient funds with him to buy the necessary jewels for his sister's marriage. In my opinion these allegations are capable of casting reflections on complainant's conduct and reputation. In my opinion, any person who reads the above statement is sure to get an impression that the complainant is an undesirable and unprincipled man. In my opinion these allegations are capable of casting reflections on complainant's conduct and reputation. In my opinion, any person who reads the above statement is sure to get an impression that the complainant is an undesirable and unprincipled man. "however, as in his opinion those imputations were substantially true and well-founded and were made in good faith and for public good, he held that the case was covered by exceptions 1 and 9 to S. 499 of the I. P. C. In reaching the conclusion that the said imputations were substantially true and well-founded, he relied upon the evidence of D. W. 1 and some of the articles published in 'ashavadi' in which it is mentioned that the later helped the former at the time of his raster's marriage and it was on the information furnished by him or at his instance those articles were published. ( 10 ) IN taking the view that the imputations were made in good faith and for public good, he took into consideration the fact that Ext. P-2 (a) was published only after a series of articles (as per Exts. D-1 (a) to D-9 (a) appeared in 'ashavadi' creating considerable anxiety in the minds of the public and the absence of any malice on the part of the respondent. In the view he took, he held that the offence was not proved and accordingly he acquitted the respondent, and it is this judgment of acquittal that is challenged in this appeal. Sri P. Ramachandra Rao and Sri P. V. Deshpande appearing for the appellant and the respondent respectively have taken us through the records and the evidence in the case. 2. It is contended by Sri P. Ramachandra Rao that the respondent who has pleaded justification under exceptions 1 and 9 to S. 499 of the i. P. C. , has not established that the imputations contained in Ext. P-2 (a) are true and that the finding recorded by the Magistrate to the effect that they are true, cannot, therefore, be sustained. Then it is contended that granting that those imputations are true, it cannot be said that their publication in 'janaraj' was for public good inasmuch as they were only matters concerning the two individuals viz. the appellant and Bhaskar rao. Then it is contended that granting that those imputations are true, it cannot be said that their publication in 'janaraj' was for public good inasmuch as they were only matters concerning the two individuals viz. the appellant and Bhaskar rao. It is also contended by him that there is nothing on record deserving consideration to show that the publication was made in good faith and, therefore, in any view of the matter, the respondent is not entitled to the benefit of exceptions 1 and 9 to S. 499 of the I. P. C. and the view taken by the Magistrate to the contrary is erroneous. His argument, therefore, is that the offence should have been held proved and the respondent convicted accordingly. 3. We are unable to accept the contention that the view taken by the Magistrate that the said imputations and insinuations published in 'janaraj' are true, is not correct. A cursory reading of Ext. D-1 (a) to D-9 (a) published in 'ashavadi' would show that at the time of Sunanda's marriage differences arose between the appellant and his mother when he asked her to give her jewels and she refused and that thereafter he approached Bhaskar Rao, his friend, and accordingly he helped him by providing necessary jewels etc. They would further show that after sunanda's death serious allegations were made against Bhaskar Rao and others to the effect 'that they were responsible for her unnatural death and the information contained in them were either given by the appellant or somebody at his instance. It is not denied that the appellant was reading these articles as and when they were published and what is his conduct? on his own showing, he has not chosen to controvert the truth of the facts stated therein by any means whatsoever. We do not think he would have remained quiet without contradicting the truth of the statements contained in them if those articles were not published at his instance. That differences arose between him and his mother at the time of Sunanda's marriage and he approached Bhasker Rao and Bhasker Rao helped him by providing jewels etc. We do not think he would have remained quiet without contradicting the truth of the statements contained in them if those articles were not published at his instance. That differences arose between him and his mother at the time of Sunanda's marriage and he approached Bhasker Rao and Bhasker Rao helped him by providing jewels etc. is also spoken to by D. W. 1 and the Magistrate has relied upon his evidence which is corroborated by the recitals in some of the articles published in 'ashavadi' for coming to the conclusion that the allegations in Ext P-2 (a) are true, and we see no reason to differ from him. However, we are unable to subscribe to the view taken by him that the article Ext. P-2 (a) published in 'janaraj' containing imputations against the appellant was for public good. We find it difficult to accept the argument of Sri B. V. Deshpande that at the time this article was published the public were anxious to know whether Sunanda died an unnatural death and Bhasker Rao and others were responsible for the same, and whether the police officials had suppressed the real cause for her death and that it was to dispel all those apprehensions and anxieties in the minds of the public and to place before them effectively the real state of affairs that the respondent had to publish the article, Ext. P-2 (a) in his paper 'janaraj' and that such publication was undoubtedly for public good. While it is true that the public were anxious at that time to know as to whether Sunanda died an unnatural death or not and whether there was any basis for the allegations contained in Exts. D-1 (a) to D-9 (a), it is difficult to say that it was necessary to publish an article of the kind of Ext. P-2 (a) for the benefit or good of the public. Sri B. V. Deshpande could not cite before us any decision in which in similar circumstances a view which he wants us to take had been taken. We find it also difficult to accept his argument that such a publication was necessary for protecting the interests of Bhasker Rao against whom serious allegations were made in some of the articles published in 'ashavadi', and that exception 9 to S. 499, ipc would apply to such a case. We find it also difficult to accept his argument that such a publication was necessary for protecting the interests of Bhasker Rao against whom serious allegations were made in some of the articles published in 'ashavadi', and that exception 9 to S. 499, ipc would apply to such a case. ( 11 ) IN Kanwal Lal v. State of Punjab, AIR. 1963 SC. 1317. while dealing with a similar argument and rejecting it, this is how their Lordships observed:" It (Execption 9) to S. 499, IPC.) posits that the person to whom the communication is made has an interest in protecting the person, making the accusation. In other words, besides the bona fides of the person making the imputation, the person to whom the imputation is conveyed must have a common interest with the person making it which is observed by the communication. . . . . . . . . . . . . . . This is clearly brought out by the illustrations to the exception. "in the present case, it. is hardly possible to think that there was any common interest existing between the respondent and Bhaskar Rao which required to be protected by such publication. In our opinion, neither Exception 1 nor Exception 9 to S. 499, IPC. , is applicable to the facts of this case and the findings of the Magistrate to the contrary, therefore, cannot be sustained. 4. However, we are disposed to take the view that it is Exception 3 to s. 499, IPC. that would apply to tho facts of this case. That Exception reads:" Third Exception : Conduct of any person touching any public question; it is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so for as his character appears La that conduct, and no further. " ( 12 ) IT is not denied that consequent upon the publication of articles in 'ashavadi', the public v/ere very much agitated and in this connection we may refer to the evidence of the appellant himself 8nd this is what is deposed to by him: "subsequent to her (Sunanda's) death, articles and public criticisms smarted appearing in newspapers regarding the manner of sunanda's death. These publications gave rise to public anxiety viz. , "regarding Sunanda's death. These publications gave rise to public anxiety viz. , "regarding Sunanda's death. As the the said publications and criticisms related to my sister's death, I read them, including 'ashavadi' with keen interest. " therefore, it is evident that the death of Sunanda was the talk of the town and the public were keen on knowing whether her death was an unnatural one and was brought about by her husband and the members of his family and Bhaskar Rao, and whether the police officials were colluding with them for suppressing the real cause of her death. The death of Sunanda had, in that locality become a 'public question and the public were agitating to know the circumstances under which she died and whether the police Officials had acted fairly and promptly in that connection, and it was in such a situation that Ext. P-2 (a) came to be published, in which there was expression of opinion in respect of the conduct of the appellant touching that public question and his character in so far as it appeared in that conduct; therefore, we find it reasonable to hold that Exception 3 to s. 499, IPC. , is applicable to this case. ( 13 ) SRI P. Ramachandra Rao, however, read to us a passage in London Artists Ltd. v. Littler, (1968) 1 All. E. R. 1075. which runs thus:"in my view, the privilege for publication in the press of information of general public interest is confined to cases where the defendant has a legal, social or moral duty to communicate it to the general public, or does so in reasonable self-defence to a public charge, or in the special circumstances exemplified by Adam v. Ward. A duty will thus arise where it is in the interests of the public that the publication should be made and will not arise simply because the information appears to be of legitimate public interest. "and on the basis of this, he contended that the publication of the article in 'janraj' cannot be said to have been made in such circumstances as would support a plea of justification under Excp. 3 to S. 499, IPC. The facts of that case are different from the facts of this case and are distinguishable. "and on the basis of this, he contended that the publication of the article in 'janraj' cannot be said to have been made in such circumstances as would support a plea of justification under Excp. 3 to S. 499, IPC. The facts of that case are different from the facts of this case and are distinguishable. ( 14 ) IN that case, the four artists sent a notice all of a sudden and simultaneously terminating their contract of service and an article came to be published questioning the propriety of their action and the public knew nothing about it till the article was published. But, that is not the case here. As has already been said, Ext. P-2 (a) was published at a time when the public were agitating to know the cause for the death of Sunanda, and when the question whether Sunanda had died an unnatural death had become a public question. In these circumstances, it is difficult to apply the principles elucidated in the English case cited before us, sri P. Ramachandar Rao, however, endeavoured to impress on us that the other ingredient viz. that the publication was made in 'good faith' has not been established by any acceptable evidence and that, therefore, exception 3 is not attracted. ( 15 ) WE find it extremely difficult to accept this submission of his. The question whether a person has acted in good faith so as to bring his plea of justification under the ninth exception, has been considered in Harbha jan Singh v. State of Punjab, AIR 1966 SC7 87 and in the course of the judgment, their lordships observed thus:"thus, it would be clear that in deciding whether an accused person acted in good faith under the Ninth Exception, it is not possible to lay down any rigid rule or test. It would be a question to be considered on the facts and circumstances of each case what is the nature of the imputation made; under what circumstances did it come to be made; what is the status of the person who makes the imputation; was there any malice in his mind when he made the said imputation; did he make any enquiry before he made it; are there reasons to accept his story that he acted with due care and attention and was satisfied that the imputation was true ? These and other considerations would be relevant in deciding the plea of good faith made by an accused person who claims the benefit of the Ninth Exception. " ( 16 ) WHETHER or not good faith has been established by an accused person who pleads in his defence Exceptions 3 or 9 to S. 499 of the IPC. to a charge of defamation under S. 500 of the IPC. , is a question of fact. The Magistrate who tried the respondent for such an offence, though dealing with Exceptions 1 and 9, has come to the conclusion on the basis of the material placed before him and the probabilities in the case, that he acted in good faith in publishing Ext. P-2 (a ). In the face of the material to which reference will be made presently, we find it is not possible to record a finding in that regard to the contrary. The evidence on record, in our opinion, does not tend to suggest that he was actuated by any malice while publishing Ext. P-2 (a ). It is clear that until a series of aricles were published in 'ashavadi' arousing the curiosity of the public regarding the circumstances in which sunanda died, he never ventured to publish such an article in his paper. It was only after the public started agitating after the 'ashavadi' published those articles, that he published the articles in question. That, in our opinion, would suggest that he did so just to place before the public the other side of the picture which according to the information he had collected, was true. ( 17 ) IN his statement under S. 342, Cr. P. C. , to which reference is already made, he has stated clearly as to under what circumstances he published Ext. P-2 (a), and in the circumstances of the case and considering the broad probabilities, we are unable to think that that statement of his is not true or probable. He appears to have published the said article after making enquires and verifying the truth of the allegations contained in Exts. D-1 (a) to D-9 (a) and without any sinister motive whatsoever; that is what can be spelt out from his statement under S. 342 of the Cr. P. C. and the probabilities in the case. It must, therefore, be said that the respondent while publishing the article Ext. D-1 (a) to D-9 (a) and without any sinister motive whatsoever; that is what can be spelt out from his statement under S. 342 of the Cr. P. C. and the probabilities in the case. It must, therefore, be said that the respondent while publishing the article Ext. P-2 (a), acted in good faith. In the view we take, this appeal must fail. In the result and for the reasons stated above, this appeal fails and the same is dismissed. --- *** --- .