MANAKLAL JHAMAKLAL Vs. STATE

JUDGEMENT

(1.) IN this criminal revision the only question for consideration is of sentence. The applicant has been convicted under Section 13 of the M. P Gambling Act and sentenced to suffer R. I. for one month.

(2.) THE reason given for sentence of imprisonment is that the accused has got to his credit five previous convictions. The Sessions Judge has also confirmed the same on the ground that the Magistrate did not exceed the maximum limit of sentence he is empowered to give and therefore rejected the appeal.

(3.) THE prosecution case as given in the judgment of the Sessions Judge is that the station Officer Tehsildarsingh (P. W. 4) of Pardeshipura Indore received information that the appellant, who had a Gumti in front of the Kalvanmal Mills, indulges in gambling in American futures. He, therefore, sent Sub-Inspector Mansing to look into the matter. Mansingh went with a one rupee note, called a punter by name ramvatar (P. W. 1) and in the presence of witnesses, marked the one rupee note, gave it to the punter and asked him to bet 8 annas on the figure 7 and 8 annas on the figure 8 at the Gumti of the appellant. The punter staked the same as instructed. The applicant noted bet in the note book Art. A and received one rupee note from the punter. The punter gave a signal and the sub-inspector and witnesses went to the applicant. They searched him--found the marked note, took him to the police station and launched the prosecution against him.