RAM GOPAL & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the order dated 27.8.2010 passed by learned Sessions Judge, Churu affirming the judgment dated 11.8.2006 passed by the court below against the conviction and sentence of the present petitioners for the offence under Section 3/4 of the Rajasthan Gambling Ordinance 1949. They have been sentenced to one months' simple imprisonment and a fine of Rs.100/- each on each count and in default of payment of fine to further undergo seven days' additional simple imprisonment.

(2.) The facts need not to be narrated as the present petitioners have not objected on the point of conviction of the present petitioners. They want to submit only on the point of sentence. The contention of the present petitioners are that they are business people. The incident is of 2004 and no fruitful purpose will be served by keeping them again in imprisonment. They have already suffered 4 days imprisonment and looking to the nature of the offence that it is only under the Rajasthan Gambling Ordinance, 1949, a liberal view should be adopted.

(3.) Hence this revision petition is partly allowed. While maintaining the convictions of the present petitioner, their sentences are reduced to that already undergone by them. However, the fine is enhanced to Rs.100/- to Rs.500/- each on each count.