RURE MAL Vs. EMPEROR

JUDGEMENT

(1.) Rure Mal and Buland Rai were convicted by Mr. Ali Husan Khan, Magistrate First Class of Meerut, under Secs.3 and 4, Public Gambling Act (Act 3 of 1867). The Magistrate sentenced the two accused persons to a fine of Rs. 100 each under Section 3 of the Act, or in default to suffer one month's rigorous imprisonment and a further fine Rs. 100 each under Section 4, or in default to suffer one month's rigorous imprisonment.

(2.) There was a third man Tara Chand, who was also convicted by the Magistrate, but his case is not before this Court. Under the evidence on the record there can be no manner of doubt that the two applicants were keeping a public gambling den with the object of gambling therein with other persons. In order to prevent any possibility that the nefarious transaction carried on days in and days out in the gambling den at Baraut be discovered, the instruments of gaming resorted to and adopted in the present case were ingenious and extremely original. They mostly consisted of books, letters and telegrams couched in language, more or less cryptic, having a separate code or a separate bey to unravel the meaning.

(3.) The conviction of the two applicants was upheld on appeal by the learned Additional Sessions Judge of Meerut by his judgment, dated 19 February 1929. The findings of the trial Court in all essential particulars were endorsed by the Judge on appeal and the sentences were upheld.