STATE Vs. V M NARAYANASWAMI MUDALIAR

JUDGEMENT

(1.) NINE accused who faced a trial before the learned Judicial Second Class Magistrate, Gudiyatham, in C.C. No. 4749 of 1976 were found guilty for an offence under section 294-A, Part 1, Indian Penal Code, and sentenced to pay fine of Rs. 500 each in default to suffer simple imprisonment for one month. Likewise they were also convicted for an offence under section 294-A, Part 2, Indian Penal Code, and sentenced to pay a fine of Rs. 500 each in default to suffer imprisonment for one month. Against the said convictions and sentences the accused preferred an appeal" before the learned Sessions Judge, North Arcot Division at Vellore in Crl. A. No. 440 of 1977. The appeal was allowed and the convictions and sentences were set aside. Aggrieved by the order of acquittal passed by the lower appellate Court, the State has preferred this appeal against acquittal. The prosecution case in a nutshell is as follows: The nine accused were partners of Sri Mahalakshmi Financial Corporation, situated at No. 50, Neeli Govindappa Chetty Street, Tharanampet, Gudiyatham. Between 5th February, 1976 and 2nd September, 1976, for the purpose of conducting lotteries, they conducted and drew lotteries without authorisation of the Government and paid prizes and also published proposals to pay bumper amounts and deliver bumper prizes in the nature of goods by drawing lottery tickets sold to the public and drew tickets by lots and paid prizes and delivered goods for such tickets drawn.

(2.) THE prosecution has examined seven witnesses to prove the case against the accused. P.W. 1 was the Deputy Inspector of Police, Gudiyatham. According to him, Sri Mahalakshmi Financial Corporation was having its office at No. 50, Neeli Govindappa Chetty Street, Tharanampet, Gudiyatham, and all the accused were its partners. It was registered with the Registrar of Firms on 13th September, 1973. It started a bumper prize scheme in February, 1976 according to which every member was topay Rs. 250 and prizes would be given by drawing lots. Exhibit P-3 is its advertisement. 1851 persons joined the scheme. Winners were declared by drawing lots. THE said Corporation had no permission from the Government. He has filed Exhibits P-3 to P-8 in support of the case against the accused.

(3.) P.W. 6 purchased a cash certificate for Rs. 250 but he did not win any prize. He attested Exhibit P-30 mahazar for the recovery of Exhibits P-3 to F-29 by P.W. 7 from A-9.