MUL CHAND Vs. THE STATE

JUDGEMENT

(1.) CRIMINAL Revisions Nos. 86 and 87 of 1961 have been argued together by the Petitioners' learned Counsel, Mr. J. K. Khosla, and since they involve common questions of fact and law, it is convenient to dispose of both of them in the course of the following judgment.

(2.) THESE petitions arise from the conviction of each of the Petitioners under Section 13 -A of the Public Gambling Act (hereinafter to be referred to as the Act) and their sentence of Rs. 25 each, in default of payment of which Mul Chand (Petitioner in Criminal Revision No. 86 of 1961) and Tulsi Ram (Petitioner in Criminal Revision No. 87 of 1961) were sentenced to undergo simple imprisonment for one month and one week, respectively, Mul Chand having been convicted and sentenced by Shri Aftab Singh, Magistrate First Class, Faridkot, on the 28th of October, 1960, and Tulsi Ram by Shri Jag want Singh, Magistrate First Class, Faridkot, on the 30th of November, 1960. Shri Madan Mohan Singh, Additional Sessions Judge, Faridkot, has recommended in both the cases that in view of the decision in Tarsem Lal v. The State, 1959 P.L.R. 439, it cannot be held that from the facts, as proved by the prosecution, the offence under Section 13A of the Act is made out, and that accordingly the conviction of each of the Petitioners be quashed.

(3.) THE evidence in each of the two cases has established that the Petitioners were accepting bets on certain numbers, that is,, what is commonly known as satta gambling. In the case as against Mul Chand, Bhola Singh P.W. was the bogus punter and under instructions of Walaiti Ram P.W., Assistant Sub -Inspector, he was sent with a marked currency note of one rupee (Exhibit P. 1) and asked to stake annas eight each on No. 6 and 51, and a memo. (Exhibit P.A.) containing these particulars was prepared. Bhola Singh then went to Mul Chand, and in the presence of Waryam Singh P.W. placed the stakes, as instructed, and was given a chit (Exhibit P.2) by Mul Chand which he brought back to the police. Subsequently, the police searched the person of the Petitioner and recovered the marked currency note (Exhibit P. 1), the parchi (Exhibit P.3), some cash etc., from his person. Bhola Singh has stated that the Petitioner told him that if any of the numbers on which he had placed the stakes, turned out to be the correct numbers, he would be given Rs. 64, otherwise his currency note of Re. 1 would be forfeited. In the case against Tulsi Ram the evidence is in substance the same, the bogus punter being Sita Ram, who has testified that when he placed the bets with the Petitioner, he was told that in case of success he would receive Rs. 40, otherwise he would lose his one rupee. Ved Parkash, Head Constable, under whose instructions Sita Ram was acting, and Ram Murti P.W.s also supported the prosecution case, and the marked currency note (Exhibit P. 1) Slip (Exhibit P. 3) and certain other articles were recovered on a personal search of the Petitioner.