GULAB Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Gulab.

(2.) IT appears that the Sub-Divisional Magistrate. Beawar, on receiving credible information that one Heraa Mali was using his cabin as a common gaming house, issued a warrant of search to the Station House Officer, Beawar. The Station House Officer gave one initialled one-rupee note to one Feqir Mohammed and directed him to stake it at the cabin of Hema Mali. Faquir Mohammed accordingly went to Hema's cabin and staked one-rupee on figure '2' with petitioner Gulab, who was also sitting inside Hema's cabin. After handing over the currency note, Faqir Mohammed gave the pre-arranged signal which brought the police officer at the cabin. Both Hema and Gulab tried to escape from the cabin but Gulab was apprehended by the police near the cabin. Hema was arrested afterwards. A complaint under sec. 3 and 4 of the Rajasthan Public Gambling Ordinance, 1949, was presented against Hema and Gulab. The learned Magistrate, after trial, acquitted Hema but convicted Gulab, under sec. 4 of the Ordinance. On appeal, the learned Sessions Judge, Ajmer, confirmed the conviction and sentence passed on him.