STATE OF MADHYA PRADESH Vs. KAPURCHAND

JUDGEMENT

(1.) The respondents, who are six in number, were tried in the Court of the Magistrate First Class, Chhindwara, for an offence under section 13 of the Madhya Pradesh (C. P.) Public Gambling Act (hereinafter called the Act). They were convicted by the trial Court on their supposed plea of guilty and sentenced to pay a fine of Rs. 100 each and in default of payment of fine to suffer seven days' simple imprisonment. It was also directed by the trial Court that the total amount of Rs. 368 seized from the person of five of the respondents should be forfeited to the State.

(2.) Feeling aggrieved from that decision, which was reached in a summary trial of the accused the respondents appealed and the learned Sessions Judge in appeal held that the trial Court was in error in reaching the conclusion that the plea of the accused amounted to their pleading guilty. In that view, the appeal was allowed and the learned Sessions Judge also reached the conclusion that it was not a fit case for remand as the respondents were not gaming in a public street or thoroughfare or at any place to which public had an access. Feeling aggrieved from the decision of acquittal, the State has filed this appeal.

(3.) The first contention raised by the learned counsel for the State is that the appeal was erroneously entertained by the Sessions Court. It is urged that no appeal was maintainable in the lower appellate Court as the sentence awarded to each one of the accused which amounted To punishment was a sentence of fine only and as that amount was less than Rs. 200, under section 414 of the Code of Criminal Procedure the order was not appealable. It is urged that the forfeiture of the amount of Rs. 368 was no part of the sentence and, therefore, could not be taken into account for entertaining the appeal.