STATE OF KERALA Vs. CHERIAN SECARIAH

JUDGEMENT

(1.) The State has filed this appeal against the judgment of the District Magistrate, Kottayam acquitting the respondents (accused) who were tried and convicted by the Sub Magistrate, Kottayam for an offence under S.8. of the Kerala Gaming Act (shortly stated the Act). On 8-8-65 Pw. 1, a head constable attached to the Kottayam East Police Station found the respondents and two others engaged in a play called 'Pareelu', a game of chance in the compound of one Kalayil Gopalan Asari. The first respondent Scaria was arrested on the spot, but the others made good their escape. A sum of Rs. 1.33 and the playing cards MO. 2 series were recovered from the scene under a mahazar Ext. P2. Pw. 3 another police constable who was present with Pw 1, and Pw. 2 another independent witness have given evidence corroborating the evidence of Pw. 1 that they were engaged in gambling.

(2.) It cannot be disputed that the respondents were seen playing cards for money and from the evidence of the witnesses, not seriously challenged. in cross examination, they were 'gaming'. The contention is that even then, it would not amount to an offence under S.8 of the Act. The question for decision is whether 'gaming' in a private property like the one in this case would constitute an offence. Learned District Magistrate accepted the contention that the private compound of Gopalan Asari cannot be said to be a place to which S.8 of the Act would apply and acquitted the accused.

(3.) The further question is whether the accused could be found guilty under S.15 of the Act. S, 15 makes gaming in any public street, road or thoroughfare or in any place to which the public have or are permitted to have access an offence. The question is whether the paramba in which the petitioners were gambling is a public place within the meaning of S.15 of the Act.