YUSUF KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) VIDE judgment dated 25.8.1999 passed by the learned JMFC, Sohagpur in Criminal Case No.193/98 the applicant was convicted for offence punishable under Section 4A (M.P Amendment Act) of the Public Gambling Act, 1867 and sentenced with three month's rigorous imprisonment with fine of Rs.500/ -. In default of payment of fine one month's simple imprisonment was also directed. In Criminal Appeal No.99 of 1999 vide judgment dated 16.6.2000 the learned Additional Sessions Judge, Sohagpur dismissed the appeal filed by the applicant. Being aggrieved with aforesaid judgments passed by both the Courts below the applicant has preferred the present revision.

(2.) THE prosecution's case in short is that on 22.5.1998 the Head Constable Shivbahadur Singh along with the Police Force went to Raghuwanshipura, Sohagpur on information that the applicant Yusuf Khan was involving some persons in gambling by help of satta slips. The Police Force surrounded the applicant and before witnesses Kamal Singh and Balkishan, it was found that applicant was playing satta with others with the help of various numbers and number slips. A sum of Rs.1108.85, 15 slips of satta numbers, one pen etc. were recovered from the applicant and he had informed that he was doing such business for co -accused Rajkumar Raghuwanshi. After due investigation a charge sheet was filed before the trial Court against the applicant and Rajkumar.

(3.) THE learned JMFC after considering the evidence adduced by the prosecution convicted and sentenced the applicant as mentioned above. In Criminal Appeal No.99/1999 the learned Additional Sessions Judge accepted the appeal of the co -accused Rajkumar but, the appeal of the applicant was dismissed.