STATE OF MYSORE Vs. SHIVANNA

JUDGEMENT

(1.) The facts that have given rise to this petition are these: 25 persons (respondents were accused of having committed an offence under S.80 of the Mysore Police Act 1963 (hereinafter referred to as the 'Act'). The Second City Magistrate, Mysore before whom they appeared, asked all the 25 accused to show cause why they should not be convicted for the offence under S.80 of the Act for being found gaming with playing cards by staking money, a game of chance called 'Rani Salu' or 'Andhar Bahar' or "Volage Horage", in a common gaming house in a shed belonging to one Thimmamma at Siddalingapura village in Mysore Taluk on the night of 10(11-1-1969 at about 12-30 A.M. when raided by the police under a search warrant. The judgment of the Court below shows that all the accused admitted that they were gambling with playing cards by staking may in the shed of one Thimmamma of Siddalingapura village in Mysore Taluk. That plea of the accused was considered as a plea of guilty and the learned Magistrate has not convicted any of the accused persons under S.80 of the Act, but however, his judgment shows that he has sentenced each one of the accused to undergo S.I. till the rising of the Court and to pay a fine of Rs.20 each in default to suffer S.I. for 20 days.

(2.) S.80 of the Act under which the accused have been convicted reads thus:

(3.) Mr. Basavalingappa, the learned Counsel appearing for some of the accused persons, has relied upon sub-sec. (6) of S.439 Cr.P.C. which provides: