FUTHOTA INNAIAH Vs. PUBLIC PROSECUTOR

JUDGEMENT

(1.) This revision is directed against the judgment passed by the III Additional Sessions Judge, Guntur, in Crl.A.No. 94/94, dated 21-11-1995, whereby the judgment of conviction and sentence passed by the Special Judicial Magistrate of II Class, Guntur, has been confirmed.

(2.) The facts giving rise to this revision may be briefly stated as follows. On 25-7-1993 at about 1.30 p.m. when the petitioner was present in his Killi shop (pan shop), S.I. Ch. Sreenivasa Rao with constable T. Nageswara Rao, P.W.1, Constable B.Seetharamaiah, P.W.2 and Head Constable P. Basavaiah, P.W.3 went there on receiving information that the petitioner was playing single number game of chance offering eight times to the single number prize and found 19 slips in his cash counter which are at M.O.1 to M.O.19 and Rs. 3,050/ - from his pocket, tallying with the amounts mentioned in these 19 slips and seized the same vide seizure Memo Ex.Pl and prosecuted the petitioner under Section 9(1) of the A.P Gaming Act, 1974 (for short, 'the Act').

(3.) On assessment of the evidence of PWs. 1 to 4, the trying Magistrate found that the petitioner-was guilty under Section 9(1) of the Act and convicted and sentenced him to pay a fine of Rs. 200/-, in default to suffer simple imprisonment for three weeks. The trying Magistrate further ordered that the amount of Rs. 3,050/- should be confiscated to the State.