Judgment

KOSHAL, J.:- By this judgment we shall dispose of Criminal Appeals Nos. 126 and 127 of 1972 both of which have been instituted on certificates granted under Article 134 (1) (c) of the Constitution of India by the High Court of Gujarat against the judgment dated April 21, 1972 of a Division Bench of that Court upholding the conviction of each of the appellants under Section 4 or Section 5 of the Bombay Prevention of Gambling Act 1887 (hereinafter referred to as the Bombay Act) and a sentence of imprisonment coupled with fine.

2. Appeal No. 126 of 1972 has been filed by eight persons. Appellant No. 1 has been convicted of an offence under Section 4 of the Bombay Act for keeping a common gaming house, while his seven co-appellants were found guilty of an offence under Section 5 of that Act. In Criminal Appeal No. 127 of 1972, appellant No. 1 is the same person who figures as appellant No. 1 in the former appeal and the conviction recorded against him is one for an offence under Section 4 or, in the alternative, under Section 5 of the Bombay Act. His two co-appellants have earned a conviction under the section last mentioned.

3. The two appeals have arisen from Criminal Revisions