YARLAGADDA KRISHNA MURTHY Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the judgment dated 16.03.2006, passed by the V Additional Sessions Judge, West Godavari at Eluru, in Crl.A.No.163 of 2003, whereunder and whereby the sentence passed against the revision petitioner herein for the offence punishable under Section 9(1) of the A.P. Gaming Act, vide the judgment dated 21.07.2003 in S.T.C.No.318 of 2005 by the II Additional Judicial Magistrate of First Class, Eluru, was confirmed.

(2.) THE revision petitioner herein is the accused and respondent herein is the complainant in S.T.C.No.318 of 2005 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the S.T.C. before the trial Court.

(3.) THE case of the prosecution is that Pedapadu police laid the charge sheet against 94 accused in S.T.C.318 of 2005 for the offence under Section 9(1) of the A.P.Gaming Act(for short 'the Act') on the file of II Additional Judicial Magistrate of First Class, Eluru. Petitioner is one of the accused. On 21.11.2001 at about 5.30 a.m. raid was conducted on DAT Family club, Vatluru by the Sub -Divisional Police Officer of Jangareddigudem along with other police officers and arrested 94 persons including the petitioner on the charge of playing cards by betting money and seized the cash of Rs.1,86,670/ - and 16 sets of playing cards from them.