INDRAVEER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE applicant being aggrieved by the judgment dated 3. 3. 1998 passed by the learned Sessions Judge, Sehore in Criminal Appeal No. 88/1997 confirming the judgment dated 2. 12. 1997 passed by the learned Chief Judicial Magistrate, Sehore in Criminal Case No. 400/1997 convicting the applicant/appellant under Section 3 and Section 4 of the Public Gambling Act, 1867 {in its application to State of Madhya Pradesh} and sentencing him to undergo jail sentence of till rising of the Court and pay a fine of Rs. 300/- under Section 3 of the Act, has come to this Court. It is to be noted even at this stage that no separate sentence has been awarded to the applicant under Section 4 of the Act.

(2.) SHORT facts necessary for decision of this criminal revision are that one j. P. Verma {pw-4}, Sub-Inspector posted at Kotwali, Sehore, on 4. 5. 1997 received an information that in a particular house, people are engaged in gambling. According to him, the matter was immediately reported to Sub Divisional Officer {police}, he obtained a warrant of search and thereafter, with the Police Force went to the house No. EWS-16. After peeping from the cracks 6f the doors, he found that the present applicant and three others, namely, Rajesh S/o. Gendalal, Rambabu S/o. Prithvilal and Trilok Sharma S/o. Rammurti Sharma were engaged in gambling. The door was opened. The accused persons were apprehended. From possession of different accused persons, different amounts were recovered from their pockets, and certain amounts were also recovered, which were lying in front of each accused. A deck of cards was also recovered. A total sum of Rs. 7,470/-was recovered and immediately thereafter, the First Information Report {exhibit P/6} was registered.

(3.) AFTER completion of the investigation, the Police filed Chalan but as each of the accused denied commission of the offence, they were subjected to trial. The charges levied against the accused were that they committed offences punishable under Section 3 and Section 4 of the Public Gambling Act, 1867.