SAKHAWAT Vs. STATE

JUDGEMENT

(1.) SAKHAWAT and five others have been convicted by the I Class Magistrate, Rampur under Section 13 of the Gambling Act and have been sentenced to pay a fine of Rs. 50/- each and in default to simple imprisonment for 15 days. They filed a revision before the District Judge, Rampui who has made a recommendation to this Court for setting aside the conviction and sentence imposed upon them.

(2.) THE case for the prosecution is that at about 1 p. m. on 17-12-1970 the accused were found gambling on the Chabutra of Jee Sukh's Rahat close to a village pathway in village Bexua. It is said that the accused were playing the game of 'mang Patta' and one of them was demanding a Ghulam (Jack) on a bet of -/8/ -. Another accused was dealing the cards. The police party is alleged to have apprehended the accused on the spot and recovered some cash from their person as well as playing cards and cash etc. from the board. The accused pleaded that they were falsely implicated due to enmity with the police and that they were not gambling.

(3.) AS mentioned above, the Magistrate believed the prosecution story on the basis of the evidence of prosecution witnesses Ram Chandra. Noni Ram, Beni Ram and Balbir Singh Yadav Constable. He held that the accused were found gambling at the place alleged by the prosecution. The District Judge has confirmed this finding of the trial Court, and I see no reason to upset this finding of fact on which both the Courts below have concurred.