RAMCHANDER Vs. STATE

JUDGEMENT

(1.) THIS is a revision by the accused Ramchandra who has been convicted under Section 13 of the Rajasthan Public Gambling Ordinance (No. 48) of 1949, and sentenced to a fine of Rs. 50/ -.

(2.) THE case for the prosecution is briefly this. It appears that P. W. 1 Balusingh informed P. W. Mathura Prasad, Sub -Inspector of Police at Alwar, that the accused Ramchandra was gambling in American futures. Consequently a trap was arranged on the 6th June, 1957, and a marked currency note of rupee one, bearing the initials of Circle Inspector Devisingh was made over to the said Balusingh with a direction that he should lay a bet on No. 6 with the accused Ramchandra and report. The Sub -Inspector accompanied by some constables and Motbirs placed themselves at some little distance from where the accused Ramchandra was sitting at the time. This place is said to be the Chabutra in front of 'Khadi Bhandar' in the City of Alwar. As soon as Balusingh informed the Sub -Inspector that he had laid the bet, the latter rushed towards the accused and took his search, and there is evidence to show that the marked currency note was recovered from the possession of the accused.

(3.) APPLYING this principle to the present case, it is clear that we have hardly any corroboration of the evidence of Balusingh in this case. Again, we have it from Sub -Inspctor Mathura Prasad himself that this Balusingh was the informer in the case on whose information against the accused he had arranged to lay the trap, and naturally therefore Balusingh was a highly interested witness. It would be very unsafe, in my considered opinion, to base a conviction on the testimony of a solitary witness of this type. The evidence of the Sub -Inspector Mathura Prasad is of no help in this connection because he did not at all hear what had passed between Balusingh and the accused Ramchandra.