KUNDANMAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the State under section 378 (1) Cr. P. C. against the judgment and order of the Munsif-cum-Judicial Magistrate, Pali, dated 31st May, 1975 in Criminal Case No. 23/74, whereby the Munsif Magistrate has acquitted respondents Kundanmal and Moti of the charge under section 3 and 4 of the Rajasthan Public Gambling Ordinance, 1949 (hereinafter referred to as the ordinance).

(2.) The case of the prosecution is that on Feb. 15, 1970, Shri Narpat Singh S. H. O. Pali, received an information that the house which respondent Kundanmal was occupying as tenant was being used for the purpose of gambling. Thereafter, the S. H. O. Shri Narpat Singh obtained a search warrant (Ex. P. 6) under section 5 of the ordinance for making a search in the house in the occupation of respondent Kundanmal from the Superintendent of Police, Pali, on 15th Feb., 1970, and the S. H. O. alongwith Saligram A. S. I., Bhanwaru Khan, Narairlal Ratansingh Driver and Noor Mohd. alongwith two motbirs viz. Badri Singh and Parmanand went to the house of Kundanmal on 15th Feb., 1970 at about 3.20 p. m. and found that Kundanmal, Moti and two other persons viz. Kishan Chand and Kanhaiyalal were sitting in a room and were gambling with dice and money. After conducting a search of the said room, the S. H. O. took into possession vide memo (Ex. P. 1), two pieces of dice, two sets of playing cards, piece of white cloth and currency notes etc. and also arrested all the four person on the spot. After investigation a challan under sections 3 and 4 of the ordinance was filed against the respondents and Kishanchand and Kanhaiyalal 15th Feb., 1970. Kishanchand pleaded guilty and he was convicted of offence under section 4 of the ordinance and a fine of Rs. 60.00 was imposed Kanhaiyalal died during the course of the trial and the case proceeded against the respondents.

(3.) The prosecution in support of its case examined Badri Singh (P. W. 1 Salig Ram (P. W. 2) and Narpat Singh (P. W. 3). The accused persons in their defence examined Laxmansingh (D. W. 1) .