PRAVEEN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The revision petitioner Nos.1 to 8/accused have preferred this revision petition against the judgment of conviction and order of sentence dtd. 6/2/2013 passed in C.C.No.2886/2011 by the Court of the JMFC (IV Court), Mangalore (hereinafter referred to as 'Trial Court' for short) which is confirmed by the judgment dtd. 5/11/2014 passed in Crl.Appeal No.65/2013 by the Court of the IV Addl. District & Sessions Judge, D.K.Mangalore (hereinafter referred to as 'Appellate Court' for short).

(2.) For the sake of convenience, the parties in this appeal are referred to as per their status and rank before the Trial Court.

(3.) The case of the prosecution in brief is that on 28/11/2010, PW.6 Ravindra K.G., the Assistant Commissioner of Police, received information that the game of cards known as Andar Bahar (xxx xxx) was being played at Room No.404 of Abhiman Residency Hotel, Mangalore. That on receiving that information, PW.6 along with PW.1 Dayanand, H.C.508, PW.4 Nitheesh G N and other two panchas raided the said spot i.e. Room No.404 of Abhiman Residency Hotel. That during that raid, these accused Nos.1 to 8 were found playing game of cards known as Andar Bahar (xxx xxx xxx). That thereafter, PW.6 prepared report as per Ex.P2 at the spot and sent the same through PW.1 to the Station House Officer of East police station, to register First Information Report, basis on which First Information Report came to be registered. Thereafter, PW.6 arrested the accused Nos.1 to 8 and drew the mahazar as per Ex.P1 and seized muddamals (xxx xxx xxx) 1 to 23 at the spot in presence of panch witness. Thereafter, PW.7 Chikkaswamy, PSI conducted further investigation and recorded the statement of witnesses and submitted the charge sheet against the accused Nos.1 to 8 for the offence punishable under Ss. 79 and 80 of the Karnataka Police Act, 1963.