BABU Vs. STATE

JUDGEMENT

(1.) THE petitioner has challenged his conviction and sentence ordered by the trial Court for the offence punishable under Section 78(3) of the Karnataka Police Act [hereinafter referred to as "the K.P. Act" for short], on a trial held by the learned Magistrate and confirmed in the appeal.

(2.) ON 04.08.2007 at 3.00 p.m., in Arasikere Town, near Kitturu Rani Chennamma Circle, the petitioner herein having stood in the public place at the park and called the people nearby to pay Re.1 -00 and to get Rs. 70 -00 by betting and thereby committed an offence punishable under Section 78(3) of the K.P. Act.

(3.) THE perusal of the material placed on record would reveal that P.Ws. 1 and 4 are the attesting witnesses to the mahazar -Ex. P1. Both these witnesses have turned hostile to the prosecution and there is nothing in their evidence to support the case put -forth. P.Ws. 2 and 5 are the Police Constable and PSI., who had the credible information and went to the circle and found the petitioner with M.Os. 1 to 3 and the petitioner at that time, is said to have called the public to participate in the "matka" to get Rs. 70 -00 by paying Re.1 -00. Except the evidence of these two witnesses, there is no other material on record. P.W. 3 is the investigating Officer and except that he has recorded the statements and having filed the charge -sheet, nothing more is available in his evidence. It is only the evidence of P.Ws. 2 and 5, which is available in the prosecution. Both these two witnesses are police officials. Though the incident is said to have taken place near a circle in the town, except these two witnesses, no other witnesses were examined by the Investigating Officer during the course of the investigation.