RAKESH RAI Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER has filed this revision against the order dated 31st January, 2006, passed by Vth Additional Sessions Judge, Sagar, in Criminal Appeal no. 275/05, affirming the judgment dated 31-8-2005, passed by Judicial magistrate First Class, Sagar, in Criminal Case No. 2450/04 (Old No. 200/96), convicting the petitioner for the offence under Sections 3 and 4 of Public gambling Act and sentencing him to deposit fine of Rs. 500/- on each count respectively. In default of payment of fine, simple imprisonment for 15 days on each count.

(2.) IN short, the prosecution case is that on 25-2-1996 Sub Inspector purshottam Lai Ahirwar of Police Station Motinagar, Sagar, received information that some persons were gambling in the house of petitioner situated at Chandra Shekhar Wards, Sagar. He obtained authorization for search of the petitioner's house from City Superintendent of Police, Sagar, viz. R. P. Singh and taking two independent witnesses viz. , Goverdhan Kori and Narayan Sahu and police force alongwith him reached at the house of petitioner. Goverdhan looked through a window in the house and saw several persons gaming in the room. On knocking door, petitioner opened the door. P. L. Ahirwar showed him the search warrant and entered the house. They found 9 persons gaming there. The persons, who were gaming, were nabbed, but petitioner, who had a container in his hand, started running. He got struck against door, as a result of which, container of his hand fell down. It was found that Rs. 1640/- were in the container, which he had collected by way of 'naal Katai'. Petitioner, however, managed to run away from the spot. The container and the money was seized before the witnesses. Other accused persons viz. , Rajesh Keshwarwani, Manoj jain, Sanjay Jadiya, Sunderlal Sahu, Mahesh Sahu, Aman Jain, Prahlad Hariyani and Dilip, who were playing cards with money, were arrested at the spot. An amount of Rs. 12,240/- was seized from the possession of those persons in the gambling den. Besides that, 52 cards, a carpet and electric bulb were also seized. Dehati Nalishi was recorded at the spot. On returning to police station, First information Report was recorded.

(3.) LEARNED Magistrate charged the petitioner and other accused persons for the offence under Section 3/13 of the Public Gambling Act (hereinafter referred to as 'the Act') and explained the particulars.