1. We think that the Sessions Judge is right in holding that the principle of the decision in Manjaya v. Sesha Shetti I.L.R., 11 Mad., 477 is applicable to the case of persons making statements in the course of an investigation by a Police officer. Such persons are bound by Section 161, Criminal Procedure Code, to answer truly all questions put to them, except such as tend to criminate themselves, and are therefore entitled to the protection which the law gives to witnesses. Accused, in the present case, made the statement, on which the defamation is laid in answer to a question by the Police Constable, and we think, under the principles laid down in the above decision, his statement is a privileged communication.
2. The conviction is set aside, and the fine, if paid, is to be refunded.