ERANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision is directed against the judgment of the Sessions Judge, Bellary confirming on appeal the judgment ot the JMFC of that District in CC.267 of 1975 and convicting the 14 accused for an offence punishable under Ss.79 and 80 of the Karnataka Police Act 1963. The case against thsee accused was hat they were found plying the game of cards known as 'Andar Eahar'. It was stated that the place where the game was being played was Vijaya Nagar Association a recreation and free reading room club. Accordingly, the Police Sub-Inspector of Gadiganur Police Station on receiving hat information on 17-3-1&75 raided the said institution and through a chink in the building saw these accused playing the game. According to the Police Sub-Inspector, the game of cards was 'Andar Bahar ' and as it was gambling and the said Vijaya Nagar Assn was a public place, it was concluded that gambling was going on in a common gaming house During the course of the said raid accused Nos.1 & 2 were found keeping moveables like wrist watches, ear rings etc on pledge, and advancing money. Cards as well as stake money were also found. The necessary recovery memos were written and subsequently, the 14 accused were indicted for the offence under Ss.79 and 80 for using the building for the purpose of a common gaming house and also for gaming or for being present for the purpose of gaming in that common gaming house.

(2.) The prosecution produced six witnesses of whom PW.1 was the Superintendent of Police who gave the search warrant (Ext.P1), PWs.2 to 4 were the panch witnesses, PW.5 was the Police Sub-Inspector and PW.6 was the Constable member of the raiding party. The defence of the accused was ore of denial. However, the learned Magistrate believing the prosecution witnesses and considering that ' Andar Bahar' was a game of chance recorded a finding of conviction under Ss.79 and 80. He awarded to accused Nos.1 and 2, each three months simple imprisonment and a fine of Rs.500 under S.79 while he awarded accused No.3 to 14 each simple imprisonment for one month and a fine of Rs.200 under S.80.

(3.) These accused came in appeal before the learned Sessions Judge but did not succeed. Their convictions and sentences were maintained, and that is how they have preferred the present revision.