Decided on February 18,1970

In Re: Kunjithapatham Appellant
STATE Respondents


K.N.Mudaliyar, J. - (1.) ON the testimony of P. W. 1, the accused is entitled to an acquittal.
(2.) ALL that P. W. 1 speaks about the incident is that one Shanmugham owned M. Os. 1 to 3 and that on 14th January, 1969 at 9.30 p.m. he saw M. O. 1 containing pictures of six animal M.O. 2 was the circling indicator -in the chakri. The indicator was turned and where it stopped was the winning animal. According to P. W. 1 M.O. 2 would win the game for the man who would wager or not. It is true that this is a game of chance. P.W. 1 watched the game for a minute. He surrounded the gamblers and arrested the six gamblers including the accused. He prepared a mahazir, E P. 1, for the seizure of M. Os 1. to 3 and the amount of Rs. 3 -64. He admits in cross -examination that he did not see which of the accused placed his money on which of the animals.
(3.) THE prosecution has got to prove that this accused -Petitioner was found 'gaming' within the meaning of that term in Section 3 of the Madras Gaming Act. At any rate, this evidence is consistent with the hypothesis of the innocence of the accused, as an on -looker. In the absence of any overt act to prove the accused as 'found gaming', I hold that the prosecution has failed to prove the offence against the accused -Petitioner.;

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