- (1.)This is an application under Section 439 of the Code of Criminal Procedure by the four accused who were convicted under Section 80 of the Mysore Police Act, and sentenced to suffer simple imprisonment for one month and to pay a fine of Rs. 200, each in default to suffer imprisonment for a further period of one month.
(2.)The case of the prosecution was that the four petitioners were found engaged in gambling called 'ander-bahar' with stakes; the amount found then at the time of the raid was Rs. 35-90 Ps. They were found gambling in Room No. 49 of Eastern Lunch Home, situate at No. 20 Police Road, Bangalore City. It appears that the place was searched by the police under a search warrant issued by the Assistant Commissioner of Police. The accused were charge-sheeted for an offence under Section 80 of the Mysore Police Act, 1963 (hereinafter called the Act), before the Additional First Class Magistrate, Bangalore City.
(3.)All the accused pleaded guilty to the accusations, and the Magistrate accepted their plea and passed the order of conviction and sentence as stated above. The accused then appealed to the Principal Sessions Judge, Bangalore, in Criminal Appeal No. 76 of 1968. They contended that the conviction was illegal on the ground that the necessary ingredients were not explained to them and that there was nothing to indicate that all the facts had been explained to them in a language understood by them. The learned Sessions Judge, however, held that there was no irregularity in the trial Court and that the setence inflicted by the magistrate was minimum sentence prescribed under law. He accordingly confirmed the order of conviction and sentence.
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