KRISHNA PILLAI RAMAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners (accused 1 and 4) with three others were tried before the Sub Magistrate, Pathanamthitta for offences under the Kerala Gaming Act (Act 20 of 1960). They were all convicted under S.7 of the Act and sentenced to pay a fine of Rs. 50/- or in default to undergo one week's simple imprisonment. One of them, accused 2, in whose house the gaming took place was also convicted under S.8 of the Act and given another fine of Rs. 50/- or in default one week's imprisonment. Their appeal to the Sub Divisional Magistrate, Adoor was unsuccessful and hence this revision.

(2.) The prosecution case is that at about 5-30 P. M. on 13-10-1962 the Sub Inspector of Pathanamthitta (Pw. 1) on receiving information that the accused were playing cards for game on the verandah of accused 2's house raided the place with a police party. On seeing the police accused 4 and 5 ran away from the place. The others who stayed behind were arrested on the spot and playing cards and currency notes totalling Rs. 27/- were recovered. All the accused denied the charge.

(3.) Of the four witnesses cited by the prosecution Pw. 1 the Sub Inspector of Police who raided the house and Pw. 2 an attestor to the mahazar gave evidence in support of the prosecution case while Pw. 3 another attestor admitted that he signed the mahazar only at the Police Station and Pw. 4 was given up. Both Pws. 1 and 2 were believed by the Trial Court. The evidence of Pw. 2 was rejected by the appellate court for proper reasons and the conviction now stands solely on the evidence of the Sub Inspector supported by the presumption under S.6 of the Gaming Act.