KIMAT MAL Vs. STATE

JUDGEMENT

(1.) This is a revision which has been referred to a Bench by a Single Judge of this Court.

(2.) The applicants were tried under Sections 3/4, Public Gambling Act, for being found gambling at stakes with cards while Pamandas applicant was taking out nal from the money staked on the phar on 23-9-1952, at about 5-30 p.m. at shop No. 8/90, Arya Nagar Market, by the Nawabganj police. All the applicants denied the allegations of the prosecution. The Magistrate, after considering the evidence, accepted the prosecution story and convicted them under Section 4, Public Gambling Act, and sentenced them to pay a fine of Rs. 200/- each and in default to undergo rigorous imprisonment of three months. Pamandas was further sentenced to a fine of Rs. 300/- under Section 3 of the Act and in default to undergo further rigorous imprisonment of three months.

(3.) The applicants went up in appeal to the Sessions Judge of Kanpur against their convictions taut their appeal was rejected and the convictions and sentences passed against them were upheld by the Additional Sessions Judge, Kanpur. On the question of sentence, however, a reference was made to this Court by the Sessions Judge and that was rejected on 18-8-1954.