STATE Vs. CHOTU KARMALI

JUDGEMENT

(1.) This is an appeal against the order of acquittal of the accused Chotu Karmali who was challenged by the Daman Police upon a charge of offence of "gaming" punishable under Section 13 of the Public Gambling Act.

(2.) The prosecution case was that on 4-9-1972 at about 7-30 p.m. P.Ws. 2 and 3, who are Police Head Constables attached to Daman Police Station, whilst on patrol duty found that the accused was accepting matka bets from the public, near a Petrol Pump. P.W. 2 took 2 panchas and raided the place and attached a matka slip book, half carbon paper, some matka bill papers, ball pen and a cash of Rs. 24.35 from the spot.

(3.) The accused has made a denial simpliciter. The trial Magistrate found that there was material contradiction in the statement of P.W. 1 on one side and P.Ws. 2 and 3 on the other side; that there was no corroboration to the testimony of P.Ws. 2 and 3 from any independent witness; that the game of "matka" is not mentioned as offence under Section 13 of the above said Act and that it was incumbent upon the prosecution to show that playing matka is a game of chance and that the prosecution has failed to show that. He, therefore, acquitted the accused.