EMPEROR Vs. MAHOMED DAWOOD

JUDGEMENT

(1.) THE appellants, who were accused Nos. 1 and 7 in the Court below, were convicted respectively under Sub-section 4 (a) and Section 5 and under Sub-section 4 (b) and Section 5 of the Bombay Prevention of Gambling Act and sentenced to undergo two months' rigorous imprisonment and to pay a fine of Rs. 500, in default to suffer a further one month's rigorous imprisonment by Mr. S. A. Hatteea, Presidency Magistrate, Ninth Court, Bandra.

(2.) TRIED with the appellants were 15 other persons, who were charged under Section 5 only, and were convicted and sentenced to pay a fine of Rs. 100 each. They have not appealed.

(3.) BEFORE proceeding further it is necessary to examine some of the sections of the Bombay Prevention of Gambling Act, 1887. Section 3 is the definition section, and defines "gaming" as: including wagering or betting, except in certain circumstances upon horse races, "instruments of gaming" are defined as including any article used or intended to be used as a subject or means of gaming, any document used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming and winnings or prizes in money or otherwise distributed or intended to be distributed in respect of gaming.