Judgement

VENKATARAMA AYYAR, J.: The first appellant was, at the relevant date, in possession of room No. 10 in House No. 334, Bazar Road, Bandra, Bombay. On information that this room was being used as a gaming house, Mr. Bhatt, Sub-Inspector of Police, raided it on 19-9-1952, and found the two appellants and four other in possession of gaming instruments. All of them were prosecuted under section 5 of the Bombay Prevention of Gambling Act (Bombay Act IV of 1887), hereinafter referred to as the Act, for being present in a gaming house for the purposes of gaming, and the first appellant was in addition, charged under S. 4(a) of the Act, for keeping a gaming house. The Presidency Magistrate who tried the case, found the first appellant guilty under section 4(a) of the Act, and sentenced him to three months rigorous imprisonment. He also found him guilty under section 5 of the Act, but awarded no separate sentence under that section. The second appellant was found guilty under section 5, and sentenced to three months rigorous imprisonment. The appellants took the matter in revision to the High Court, which set aside the conviction of the first appellant under section 4(a) but confir