M.C. Tripathi, J. - (1.)This is an application in revision against the judgment and order of both the courts below convicting the Applicant under Sec. 13 Public Gambling Act and sentencing him to one month's R.I.
(2.)The Applicant was according to the prosecution case, found carrying one Satta paper and a pencil on a public road near the crusher of one Jaipal Singh in village Makhyali on 25 -5 -1964 at about 7 P.M. The pencil and Satta paper were recovered from his possession by constable Ram Singh in the presence of Ram Saran and Ram Lal (PWs 3 and 4). The Applicant was taken to the police station Kotwali along with the Satta paper and the pencil and there they were sealed in an envelope in the presence of PWs 3 and 4.
(3.)The defence was that no Satta paper was recovered from his possession and that he was actually brought to P.S. Kotwali by a constable from his house at about 2 p.m. on the pretext that he was wanted by the Sub Inspector and that a false case was concocted against the Applicant at the instigation of Singru Pradhan and Ma -khan Singh, enemies of the Applicant. One witness Vikram Singh was examined in defence.