MOTIOR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned senior counsel, assisted by Mr. J. Islam, learned counsel for the petitioners. Also heard Mr. K. Konwar, learned Addl. Public Prosecutor for the State.

(2.) This revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the judgment and order dated 11.11.2011, passed by the learned Sessions Judge, Dhubri in Crl. Appeal No. 12(2)/2009, thereby dismissing the appeal and affirming the judgment and order dated 08.05.2009, passed by the learned Addl. Chief Judicial Magistrate, Dhubri in CR (GKJ) Case No. 362/2007, thereby convicting the three petitioners herein under Section 14 read with Section 13 of the Assam Game and Betting Act, 1970 (hereinafter referred to as 1970 Act for short), and sentencing him to undergo rigourous imprisonment of 6 (six) months and to pay a fine of Rs.1,000/- each, and in default to suffer simple imprisonment for another period of 2 (two) months.

(3.) On the basis of confidential information, at 4.00 p.m. on 10.07.2007, the petitioners were caught red-handed with gambling instruments in course of gambling. Accordingly, an FIR was lodged by the O/c, Golokganj P.S., which was registered as Golokganj P.S. Case No. 362/2007 under Section 13/14 of the aforesaid 1970 Act. In course of trial, the learned trial Court had formulated a point of determination to the effect that "whether the accused persons were caught red handed while they were playing gambling illegally and some gambling instruments were seized from their possession, as alleged." The prosecution had examined 5 witnesses, viz., Ajit Kirtonia (PW-1), Chiken Nath (PW-2), Rabindra Nath Ray (PW-3), Kamal Chandra Seal (PW-4) and Biswajit Bose, the Investigating Officer of the case (PW-5). PW-1, PW-2 and PW-4 were seizure witnesses, and they had proved their respective signatures in the seizure list [i.e. Ext.1(1), Ext.1(2) and Ext.2(1)]. While PW-1 and PW-2 were constables, posted in Golokganj P.S., the PW-4 was the informant who had lodged the FIR. PW-3 was an auto-driver, who had seen the apprehended petitioners being taken away by the police. PW-4 had also stated in his evidence that Rs.450/- in cash was seized with Ext.2. The PW-5 had visited the spot, prepared the sketch map and finding sufficient materials against the petitioners, he had submitted charge-sheet against the petitioner.