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Emperor Vs. Chennappa Basappa - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Reference No. 134 of 1912
Judge
Reported in(1913)15BOMLR101; 19Ind.Cas.167
AppellantEmperor
RespondentChennappa Basappa
Excerpt:
.....these circumstances, the accused were convicted of an offence punishable under section 12 of the prevention of gambling act, 1887 :-;setting aside the convictions and sentences, that the 'math' could not be regarded as a public place within the meaning of the prevention of gambling act, 1887. - section 3: [s.b. mhase, d.s. bhosale & a.s. oka, jj] offences of atrocities - complaint under held, merely because the caste of the accused is not mentioned in the fir stating whether he belongs to scheduled caste or scheduled tribe, it cannot be a ground for quashing the complaint. after ascertaining the facts during he course of investigation it is always open to the investigating officer to record tht the accused either belongs to or does not belongs to schedule caste or scheduled tribe......1. we agree with the learned district magistrate that the math in which the card-playing in this case was carried on cannot be regarded as a public place within the meaning of the bombay prevention of gambling act iv of 1887. we must, therefore, set aside the convictions of the accused and direct their acquittal and discharge. the fines, if paid by them, should be refunded to them.
Judgment:

1. We agree with the learned District Magistrate that the Math in which the card-playing in this case was carried on cannot be regarded as a public place within the meaning of the Bombay Prevention of Gambling Act IV of 1887. We must, therefore, set aside the convictions of the accused and direct their acquittal and discharge. The fines, if paid by them, should be refunded to them.


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