1
IN THE COURT OF THE X ADDL. CHIEF METROPOLITAN MAGISTRATE :
AT SECUNDERABAD.
PRESENT : P.MUKTHIDA,
X ADDL. CHIEF METROPOLITAN MAGISTRATE,
SECUNDERABAD.
DATED THIS THE 8TH DAY OF FEBRUARY, 2018
C.C. NO. 1056 OF 2015
Between:-
The State represented by The Sub Inspector of Police, Police Station Chilkalguda, Secunderabad.….COMPLAINANT.
AND 1)M.Ashok, s/o Antaiah, aged 33 years, Occ:Sentring work, r/o H.No.12-10-587/75, Medibavi, Sitafalmandi, Secunderabad.
*2)K.Ramesh, s/o K.Yellaiah, aged 30 years, Occ:Plumber, r/o H.No.12-10-587/95/3/1, Medibavi, Sitafalmandi, Secunderabad.
*3)C.Sudhakar, s/o Babu Rao, aged 33 years, Occ:Driver, r/o H.No.12-10-586/1/2/3, Medibavi, Sitafalmandi, Secunderabad.
*4)D.Ganesh, s/o Ramaswamy, aged 32 years, Occ:Labour, r/o H.No.11-10-94, Sitafalmandi, Secunderabad.
*5)K.Raju, s/o Balaiah, aged 30 years, Occ:Vegetable vendor, r/o H.No.12-10-334/3, Sitafalmandi, Secunderabad.
*6)C.Sekhar, s/o Babu Rao, aged 26 years, Occ:Salesman, r/o H.No.12-10-586/1/2/3, Medibavi, Sitafalmandi, Secunderabad.
*7)M.Srinivas, s/o Rama Rao, aged 40 years, Occ:Moulding Worker, r/o H.No.12-10-586/B/4, Indira Nagar, Warasiguda, Secunderabad.
*8)A.Srinivas, s/o Lingaiah, aged 39 years, Occ:Pvt job, r/o H.No.12-10-587/83/A, Medibavi, Sitafalmandi, Secunderabad. ACCUSED Nos.1 to 8.
2 *(Accused No.2 to 8 pleaded guilty and this case proceeded against accused No.1 only)
This case is coming on 7.2.2018 before me for final hearing in the presence of Smt. Sujana, Asst. Public Prosecutor for State and of M/s.A.C.Srinivas, learned counsel for accused and after perusing the case records, upon hearing the arguments on both sides and having stood over for consideration till this date, this court has delivered the following:
: J U D G M E N T :
This is a case filed by the Sub Inspector of Police of Chilkalguda police station in Cr.No. 52/2012 for the offences U/Secs. 3 and 4 of AP
Gaming Act 1974.
2The case of the prosecution as could be seen from the charge sheet filed in brief is as follows:
On 26.1.2012 in the evening at 9.30 pm , the Sub Inspector of
Police, Chilkalguda Police station received credible information that three cards gambling which is a game of chance is being organized in the premises bearing No. 12-10-587/75, Medibavi, Seethaphalmandi,
Secunderabad by M.Ashok (A1) and believing such information as true and authentic he informed same to his superior officer and secured presence of two mediators Mr. Anil Kumar and Mr.R.Pavan Kumar (LW-5 and LW-6) and informed about proposed raid and he prepared search proceedings U/s 165 Cr.P.C as any delay in obtaining search warrant from court may cause disappearance of accused persons as well as material evidence. Then he along with panch witnesses and staff conducted raid in the said premises at 10.20 pm and found 8 persons are playing three cards game. He entered into the said premises and disclosed his identity. Accused No.1 disclosed his identify and voluntarily confessed that he is the owner of the said premises and organizing three cards gaming and allowing players and collecting kitty 3 amount from every person ranging from Rs.50/- to Rs.100/- depending on the strength of players and earning easy money. On being question
Accused No.2 to 8 disclosed their identity. Then he apprehended all accused, served search proceedings on Accused No.1 and recorded confession cum seizure panchanama in the presence of panch witnesses and seized Rs.25,830/- along with playing cards and their cellphones and he brought all the accused to the police station along with seized amount, playing cards and produced before station house officer.
3The Sub Inspector of Police of Chilkalguda Police Station (Lw-7) received the complaint and registered in Cr. No. 52/2012 U/secs 3 and 4 of AP Gaming Act and handed over the case record to another Sub
Inspector of Police (LW-7) for further investigation.
4 During the course of investigation, the Investigating Officer examined witnesses (Lw-1 to 4) and recorded their statements and he took the custody of the all accused and interrogated thoroughly and he affected arrest of all the accused and got produced before court for remand. After completion of investigation he filed charge sheet.
5 My learned Predecessor had taken cognizance for the offences
U/secs. 3 and 4 of AP Gaming Act.
6When Accused No.1 to 8 appeared before this court, copies of documents on which prosecution intends to rely upon were furnished in terms of Sec.207 Cr.P.C.
7Accused No.1 to 8 were examined under Sec.251 Cr.P.C for the offences under Secs.3 and 4 of AP Gaming Act. Accused No.2 to 8 pleaded guilty for the offence under Sec.3 of AP Gaming Act and accused No.1 pleaded not guilty and claimed to be tried.
8To substantiate the case of the prosecution, PWs.1 to 4 were 4 examined though they cited 8 witnesses in the charge sheet. Ex.P1 to
Ex.P10 and M.Os 1 to 3 were marked.
9The accused No.1 was examined under Sec.313 Cr.P.C on the incriminating material against him and he denied it. However, the accused reported no defence evidence.
10Point for determination: Whether the conduct of Accused No.1 falls within the ambit of Secs. 3 and 4 of AP Gaming Act and whether the prosecution proved the guilt of the accused beyond reasonable doubt?
POINT:
11It is the case of the prosecution that Accused No.2 to 8 were found gambling in a common gaming house run by Accused No.1 by collecting commission from said punters and the place of offence is a house bearing door No.12-11-587/75, Medibavi, Seethaphalmandi,
Secunderabad.
12PW4 is the complainant and investigating officer and he deposed on the lines of charge sheet in his chief examination. It was elicited in his cross examination that he did not collect identity particulars of accused No.1 and further not collected any document to show that accused No.1 is the owner of the raided premises. He categorically admitted that he did not examine neighbours of the raided place nor mentioned the denomination of currency seized so also not mentioned the cell numbers in the seizure report and denied all other suggestions put to him.
13PW1 is the police constable who accompanied PW1 and he deposed about conducting raid and apprehension of accused and seizure of material objects from the possession of accused.
14PW2 is the panch witness and he stated that in the year 2012 5 during night time at about 10 p.m., when he went to Chilkalguda police station on his person work, the Sub Inspector of Police asked him to sign as a witness and obtained his signatures on some written papers.
He further stated that he did not go through the contents of the paper on which he has signed and that nothing was seized in his presence and no panchanama was prepared in his presence and his signatures on confession cum seizure panchanama are marked as Ex.P2 to Ex.P5.
He was declared hostile by the prosecution and during the cross examination by the learned APP, he denied all the suggestions that he was present during the panchahnama.
15PW3 is the investigating officer and he registered case based on complaint given by PW4 and issued Ex.P7 FIR. Nothing worthwhile elicited in his cross examination except admitting that he did not obtain signature of PW4 on FIR.
16To prove the offences alleged against the accused, the prosecution has to establish that Accused No.1 is running a common gaming house by allowing punters Accused No.2 to 8 to play three cards game by betting money.
17PW1 is the constable who accompanied PW4 in the raid and both the witnesses said that they visited the raided premises on the alleged date and found all the accused inside it and Accused No.1 disclosed his name and said that he owns that house and allowed the premises for common gaming house by collecting commission commission from
Accused No.2 to 8.
18The evidence of PW1 is that when they entered into the house, he found all the accused playing 3 cards game and the police party arrested the accused and seized MO1 Cash of Rs.25,830/-, MO2 6 cell phones and MO3 52 playing cards. These material objects were exhibited 6 during the evidence of PW4. Ex.P6 is the complaint lodged by PW4 and
Ex.P7 is FIR. In these documents also, there is clear mention that when these witnesses entered into premises, these accused are found playing 3 cards game.
19Ex.P10 is the panchanama prepared at the scene of offence in the presence of PW2 and another panch witness for seizure of MO1 to MO3 from the possession of accused which were used for gaming purpose by betting by accused. The prosecution failed to examine another mediator for the seizure of material objects inspite of granting several opportunities. The main material witness PW2 not supported the version of prosecution regarding identification of accused and seizure material objects from the possession of the accused on the alleged date of incident. The evidence of PW1 and PW4 and documents relied on by them is consistent with regard to accused engaged in playing 3 cards game by betting money, but the version of independent mediator
PW2 is not supporting the contention of prosecution regarding the role of accused to connect with the alleged offences. PW4 failed to collect any document to show that either accused No.1 is the owner or tenant of the premises where common gaming was organized by him and allowed the premises for gaming purpose by employing punters
Accused No.2 to 8. PW1 and 4 are official witnesses and their evidence is not corroborating with the evidence of the independent mediator regarding Ex.P10 panchanama.
20In view of the above discussion and for the foregoing reasons, this court of the considered view that the prosecution failed to bring home the guilt of accused for the offences alleged him and the accused is entitled for acquittal.
21In the result, the accused No.1 is found not guilty for the offences 7 under Secs.3 and 4 of A.P.Gaming Act and he is acquitted for the said offences under Sec.255 (1) Cr.P.C. The bail bonds of the accused shall stand cancelled. MO1 cash of Rs.25,830/- converted to FDR
No.0067831 drawn on Indian Bank, Marredpally shall be confiscated to the State and MO2 6 cellphones shall be returned to the respective accused as per confession cum seizure panchanama and MO3 playing cards shall be destroyed after appeal time expires.
Typed to my dictation directly by the Stenographer, corrected and
pronounced by me in the open court, on this the 8th day of
February, 2018.
X ADDL. CHIEF METROPOLITAN MAGISTRATE
SECUNDERABAD.
APPENDIX OF EVIDENCE
NO.OF WITNESSES EXAMINED ON BEHALF OF
PROSECUTIONDEFENCE
P.W.1. J.Chandraiah, PC5071 of Chilkalguda PS, assisted investigating officer -NIL- P.W.2. R.Pavan Kumar, panch Witness P.W.3. B.Pandary, Sub Inspector of Police, Chilkalguda PS, registered case P.W.4. E.Raghuveer Reddy, Sub Inspector of Police, Chilakalguda PS, complainant &investigating officer
EXHIBITS MARKED
PROSECUTION
Ex.P1. Signature of PW2 on search proceedings Ex.P2. Signature of PW2 on 1st page of confession cum Seizure Panchnama Ex.P3. Signature of PW2 on 2nd page of confession cum seizure panchanama Ex.P4. Signature of PW2 on 3rd page of confession cum seizure panchanama Ex.P5. Signature of PW2 on 4th page of confession cum seizure panchanama Ex.P6. Complaint Ex.P7. First Information Report Ex.P8. Memo issued by Asst. Commissioner of Police, Gopalapuram Division Ex.P9. Search proceedings. Ex.P10. Confession cum seizure panchanama of Accused.
DEFENCE:NIL 8
M.Os.MARKED
PROSECUTION
M.O-1: Cash of Rs.25,830/- converted to FDR No.0067831, Indian Bank, Marredpally M.O-2: 6 cell phones M.O-3: 52 playing cards.
DEFENCE:NIL
X ADDL. CHIEF METROPOLITAN MAGISTRATE,
SECUNDERABAD.