STATE OF GUJARAT Vs. RAJESHKUMAR RATANLAL SINDHI

JUDGEMENT

(1.) THIS is an appeal by the appellant - State, challenging the judgment and order of the learned Metropolitan Magistrate, Court No.2, Ahmedabad(for short, 'the trial Court'), Dated : 04.09.1990, rendered in Criminal Case No.1090 of 1990, whereby, the learned trial Court, on pleading guilty by original accused Nos. 1 to 5, convicted accused No.1 for the offence under Section 4 of the Gujarat Prevention of Gambling Act, 1887 ('the Act', for short) and sentenced him to undergo punishment of till rising Court and to pay a fine of Rs.200/ - and in default to undergo 10 days simple imprisonment, whereas, convicted accused Nos. 2 to 4 for the offence under Section 5 of the Act and sentenced them to undergo punishment of till rising Court and to pay a fine of Rs.200/ - by each and in default to undergo 10 days simple imprisonment.

(2.) FOR the sake of convenience, the parties shall be referred to as they stood before the trial Court, i.e. accused No.1, 2, etc..

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the police apprehended on 04.09.1990 original accused Nos. 1 to 5 for the commission of offence under Sections 4 and 5 of the Act and they were charge -sheeted on the same day. It appears that the accused Nos. 1 to 5 pleaded guilty before the trial Court, whereupon, the trial Court imposed punishment on them, as referred to in Paragraph -1, herein above. Hence, the present appeal.