STATE OF H P Vs. RAM PAL

JUDGEMENT

(1.) The present appeal is preferred by the State of Himachal Pradesh under Section 378 of the Code of Criminal Procedure assailing the judgment of acquittal dated 23.4.2007, passed by the learned Sessions Judge, Una, District Una, H.P., whereby, learned Lower Appellate Court reversed the findings of the conviction arrived at by the learned trial Court.

(2.) Briefly stating the facts giving rise to the present appeal, are that on 20.7.2003, a police party headed by S.I. Bachittar Singh, PW5 alongwith PW1 Gurpiara Singh, C Jasbant Singh were on patrolling duty in Mehatpur, District Una, when a secret information was received that the accused Ram Pal was betting in general public (Dara satta) in front of Truck Union, Mehatpur, District Una, on the link road. Sub-Inspector, Bachittar Singh on receipt of secret information joined one witness Kuldip Singh, as PW4 in the raiding party and the accused was apprehended. On taking personal search of accused, it was revealed that accused was carrying one Parchi in his left hand, a Ball Pen in the right hand and an amount of Rs.1055/-. All the aforesaid articles were taken into possession and put in a parcel vide memo. Ex. PW1/A. S.I. Virender Singh sent a rukka Ex.PW2/A to the Police Station and FIR Ex.PW2/B was registered against the accused at Police Station, Sadar, Una District Una, H.P.

(3.) After completing the investigation, challan under Section 313 Cr.P.C. was filed against the accused for having committed an offence under Section 13-A of the Gambling Act, 1967. The learned Judicial Magistrate, Ist Class, Court No.2, Una, convicted the accused and fined him with Rs.800/- and the case property was confiscated to the State of H.P.