STATE Vs. MUTHU

JUDGEMENT

(1.) Both the appeals are directed against the judgment of acquittal rendered by the Judicial Second Class Magistrate, Tiruchengode, made in C.C. Nos. 143 and 144 of 1986 dated 30-7-1987, whereby acquitting all the accused in both the cases for the alleged offence committed by them under Sections 8 and 9 of the Tamil Nadu Gaming Act, 1930.

(2.) To appreciate the points involved in both the appeals, the case of the prosecution in brief is stated as follows :- On the instructions given by the Superintendent of Police, Salem, in connection with a petition sent by Ananda Babu, pertaining to a gaming house being conducted, Sub-Inspector, Pallipalayam Police-Station, in compliance with the instructions given by the superior officer with the help of his convoy raided the house bearing Door No. 50, situated in Pallipalayam Bridge Road at about 2.00 a.m. on 15-7-1986, where he found the accused 1 and 2 along with 18 others engaged in playing cards numbering 52 with a total cash of Rs. 12,000/- and the gold ring to the weighment of 11/2 sovereign and actually playing "Vettu Attam" and also found the accused 3 and 4 along with 14 others playing game involving 52 cards and a total cash of Rs. 2570/- and four wrist watches which were duly recovered by him under the cover of Mahazar without attestation by any independent witness for the reason particularly known to the Sub-Inspector. He has laid the charge-sheet against the accused as stated above, by registering the case in his Police Station Crime Nos. 395 to 397 of 1986.

(3.) The plea of the accused for all the charges was one of total denial and their complicity and the guilt were denied totally. Three witnesses were examined on behalf of the accused among whom D.Ws. 1 and 2 are draftsmen of the topography prepared by them showing the details of the house involved in this cases. D. W. 3 is a member of the so called Club functioning in the said premises. Exs. P-1 to P-5 were marked on behalf of the prosecution against which four documents were relied on behalf of the accused, the first of which relates to certificate given by the Registrar of Co-operative Society and the second pertains to the map and so on. 12 Material Objects were marked and relied on by the prosecution. On considering the recorded oral and documentary evidence let in by the prosecution, learned trial Magistrate has found all the accused were not guilty and whereupon he acquitted them of all the charges.