SHOBHAGMAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These petitions are directed against the revisonal judgment of learned Sessions Judge, Merta dated 16.1.1990 whereby he upheld the conviction of the petitioners under Secs.3 & 4 of the Rajasthan Gambling Ordinance, 1949 and sentence of a fine of Rs. 100.00

(2.) Mr. Kumbhat and Mr. Choudhary, learned counsel for the petitoners contended that the Trial Court has erred in recording the conviction of the petitioners as Shri Surja Ram who had raided the house had not been examined. Their further contention was that the motbirs have also not been examined in the case. They also contended that the search warrant issued by the Magistrate has not been proved by any evidence on record.

(3.) Leanred RR contended that the petitions are entertain able as they are revision petition in the garb of misc. petitions and are barred under Sec.397(3) Cr.RC. His submission was that the judgment of the Trial Court is based on proper appreciation of evidence and as the judgment has been upheld by the revisional Court this Court should not reappraise the evidence of the case.