STATE Vs. SHAMBHUDAYAL DHUMANSINGH

JUDGEMENT

(1.) THIS is an appeal filed by the State against an order of acquittal passed by the municipal Magistrate, Indore, acquitting the three respondents who were prosecuted for olfence under Sections 3 and 4 of the Madhya Bharat Gambling Act.

(2.) ON 27-1-1934 Mr. Mahajan, the Sub-Inspector Incharge Malharganj Police station, received credible information that gambling in American Futures was carried on in the shop of respondent No. 1 Shambhudayal. He thereupon called one Azizulrehman and gave him a one-rupee note for offering a bet on figures '3' and '7'. Puncha- (sic) of delivery of the note to Azizulrehman was drawn up in which the number of the one-rupee note is mentioned. The Panchanama is produced in this case as P/1.

(3.) AS instructed by the police officer, Mr. Mahajan, Azizulrchman went to the shop of respondent No. 1 and offered six annas as bet on the figure of '3' and six annas as bet on the figure of '7' and delivered the one-rupee note to respondent No. 1. The note was accepted by respondent No. 1 and it is alleged that as instructed by him, respondent No. 2 who was his Munim, recorded the bet on a piece of paper on which other bets are also alleged to have been recorded. Azizulrehman then gave a signal and the police officer and the Puncha reached the place. They searched the shop of respondent No. 1 Shambhudayal and recovered in the search the one-rupee note article A and certain Panas or lists produced in this case as articles B, C, D and E. A Panchanama of this recovery was also drawn up and is produced in this case as Ex. P/2.