MANOJ RAWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS revision, by the accused, is directed against the judgment dated 22-12-2004 passed in Criminal Appeal No. 111/2004 by the Sessions Judge, Panna, whereby he has remanded the case for retrial.

(3.) ACCORDING to the prosecution case, on 22-9-2003 B. S. Jadaun (P. W. 5) Sub-Inspector of Police Station Kotwali, Panna, received an information that the applicant is involved in the act of gambling in front of his house. B. S. Jadaun (P. W. 5) went to the spot along with his staff and independent witnesses namely Rajesh Kumar Sahu (P. W. 1) and Mukesh Kumar Sahu (P. W. 2 ). The applicant was present there. B. S. Jadaun (P. W. 5) seized nine "satta" slips, in which different numbers were noted, one register, 13 copies, two calculators, a dot pen and cash of Rs. 14,300/ -. The seizure memo is Ex. P-2. After investigation, B. S. Jadaun (P. W. 5) filed a charge sheet against the applicant for offence under Section 4-A of the Public Gambling Act, 1867. The defence of the applicant was that he had been falsely implicated due to his property dispute with Mohan Pandey who was posted as Police Constable at Police Station Kotwali, District Panna.