DISSA AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS is a reference under Section 438 of the Code of Criminal Procedure by the learned Sessions Judge of Farrukhabad recommending that the conviction of Dina and 10 others under Section 13 of the Public Gambling Act and the fine of Rs. 40 imposed on each of them by a first date Magistrate be set aside.

(2.) THEY were found gaming inside an arhar field. The learned Sessions Judge has made the recommendation on the ground, inter alia, that the arhar field would not be a public place within the purview of Section 13 of the Act inasmuch as the field in question was separated from the though fare by another field. This topography of the place appears to be conclusively proved from the site plan prepared in this case. On the face of it, an arhar field would not be a public place since the public would have no access thereto. An arhar field would be private property into which if any unconnected person were to enter he would be committing an act of trespass. Under Section 13 of the Act ganaing has been prohibited "in a public street, place or throughfare." By the Explanation added to Section 13 by Section 4 of the U.P. Public Gambling. (Amendment) Act XXXIV of 1932 the scope of a public place has been extended where the place concerned is adjacent to and abuts a public street. The Explanation is in the following terms:

(3.) FOR the above reasons the reference is accepted and the convictions and sentences of the aforesaid eleven persons are set aside and they are acquittal The fines, if realised already, shall be refunded.