RADHEY SHYAM Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the learned Additional Sessions Judge, Jaipur City in a case under sec. 4 of the Public Gambling Act. The accused Radhey Shyam was convicted by the second Assistant City Magistrate Jaipur Under the aforesaid section and sentenced to a fine of Rs. 30/ -.

(2.) THE case against him was that Shri Mahesh Chandra. Sub-Inspector, Police Station, Ramganj got an information the 25th of June, 1952 that gambling was going on at the shop of the accused. He obtained a warrant form the Superintendent of Police on the 12th June, 1952, for conducting a raid on the shop of the accused. A signed one rupee note was given to Birda P. W. 2 to use it in betting on figures 1, 4, 7 and 8 at the shop of the accused. Birda took that note to the accused and stated it on the given number. Meanwhile the Sub-Inspector reached the spot and recovered the note with a slip of paper on which the name of Birda was written. THE applicant was challaned under secs. 3 and 4 of the Public Gambling Act. Re denied that he was either keeping a common gaming house or was gaming at any common gaming house. THE learned Magistrate, however, convicted him under sec. 4 of the Public Gambling Act and sentenced him as mentioned above. THE accused Radhey Shyam went in revision to the learned Additional Sessions Judge and he has made this reference recommending that the conviction and sentence of Radhey Shyam be set aside.