LALLOO MAL Vs. STATE

JUDGEMENT

(1.) THESE revisions arise out of a common judgment of a Magistrate First Class, Pratapgarh, convicting the applicants, for an offence under the UP Gambling Act. Applicant Lalloo Mal has been convicted under Section 3 of the Act and sentenced to rigorous imprisonment for one month and to pay a fine of Rs. 250/ -, in default of payment of fine, to undergo simple imprisonment for two months. The other applicants have been held guilty under Section 4 of the Act and sentenced to pay a fine of Rs. 150/ - each and in default of such payment, to undergo simple imprisonment for five weeks. Their convictions as recorded by the learned Magistrate were affirmed on appeal by the learned Civil and Sessions Judge of Pratapgarh. They have now come up in revision.

(2.) HAVING heard the learned Counsel for the applicants and the State I am of opinion that these revisions must be allowed.

(3.) AS the trials of offences under the Public Gambling Act are also to be conducted in accordance with, the procedure prescribed under the Code it is the definition given in the Code of the "cognizable offence'' which is relevant for deciding the mode of the trial.