RAMCHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These revision petitions have been filed by the petitioners against the common judgment dated 10/12/2001 passed by Addl. Sessions Judge No. 2 Ajmer ('appellate court" for short hereinafter) passed in Appeal no. 12/2000 by which the order of the conviction and sentence for offence u/ss 3 & 4 of Rajasthan Public Gambling Ordinace 1949 passed by Judicial Magistrate (First Class) Ajmer ("trial court" for short hereinafter) was affirmed.

(2.) Brief facts of the case are that a complaint was filed by Dy. Superintendent of Police, Ajmer (North) about the search taken by him on 1.7.1983 under section 5 of the Rajasthan Gambling Ordinance, 1949 in the house No.42/500, belonging to one Harshwardhen @ Harsi. Certain gold and silver ornaments, cash, gambling stips etc. were recovered from the premises which were being used as to a common gambling house. The house was raided, accused Shankar, Ramchandra and Babu Lal were present in the house for gambling purposes. After usual investigation charge-sheet was submitted. After taking cognizance, the trial court framed charge/s against the accused petitioners, who denied the charges, pleaded not guilty and claimed to be tried in the matter.

(3.) The prosecution in support of its case examined five witnesses and exhibited certain documents. Thereafter, the statement of the accused petitioners were recorded under section 313 Cr.P.C and in defence no document was submitted.