IMPORTANT POINT
Illegality in investigation goes to root of matter.

ORDER

The revision petitioner Nos.1 to 8/accused have preferred this revision petition against the judgment of conviction and order of sentence dated 06.02.2013 passed in C.C.No.2886/2011 by the Court of the JMFC (IV Court), Mangalore (hereinafter referred to as ‘Trial Court’ for short) which is confirmed by the judgment dated 05.11.2014 passed in Crl.Appeal No.65/2013 by the Court of the IV Addl. District & Sessions Judge, D.K.Mangalore (hereinafter referred to as ‘Appellate Court’ for short).

2. For the sake of convenience, the parties in this appeal are referred to as per their status and rank before the Trial Court.

3. The case of the prosecution in brief is that on 28.11.2010, PW.6 Ravindra K.G., the Assistant Commissioner of Police, received information that the game of cards known as Andar Bahar (‘sic’) was being played at Room No.404 of Abhiman Residency Hotel, Mangalore. That on receiving that information, PW.6 along with PW.1 Dayanand, H.C.508, PW.4 Nitheesh G N and other two panchas raided the said spot i.e. Room No.404 of Abhiman Residency Hotel. That during that raid, these accused Nos.1 to 8 were found playing game of cards known as Andar Bahar (‘sic’). That thereafter, PW.6 prepared report as per Ex.P2 at the spot and sent the same through PW.1 to the Station House Officer of East police station, to register First Information Report, basis on which First Information Report came to be registered. Thereafter, PW.6 arrested the accused Nos.1 to 8 and drew the mahazar as per Ex.P1 and seized muddamals (‘sic’) 1 to 23 at the spot in presence of panch witness. Thereafter, PW.7 Chikkaswamy, PSI conducted further investigation and recorded the statement of witnesses and submitted the charge sheet against the accused Nos.1 to 8 for the offence punishable under Sections 79 and 80 of the Karnataka Police Act, 1963.

4. After taking cognizance, the Trial Court has registered the case in C.C.No.2886/2011 and summons were issued to the accused Nos.1 to 8. In pursuance of summons, the accused Nos.1 to 8 have appeared before the Court and enlarged on bail. Charge framed and read over and explained to the accused Nos.1 to 8. Having understood the same accused pleaded not guilty and claimed to be tried.

5. To substantiate the case of prosecution, 7 witnesses were examined as PWs.1 to 7 and 7 documents were got marked as Exs.P1 to P7 and also 23 material objects are got marked as M.Os.1 to 23. On closure of prosecution side evidence, statement under Section 313 of Cr.P.C. was recorded and recorded and the accused have totally denied the evidence of prosecution witnesses and they have not adduced any evidence on their behalf. Having heard on both sides, the Trial Court has convicted the accused Nos.1 to 8 for the commission of offence punishable under Sections 79 and 80 of Karnataka Police Act, 1963 and sentenced them to undergo simple imprisonment for a period of three months, and also shall pay a fine of Rs.500/- each for the offence punishable under Section 79 of Karnataka Police Act and in default of payment of fine, they shall undergo further simple imprisonment for a period of twenty days. Further, the accused Nos.1 to 8 are sentenced to undergo simple imprisonment for a period of one month for the offence punishable under Section 80 of the Karnataka Police Act, 1963 and shall pay a fine of Rs.200/- each and in default of payment of fine, they shall further undergo simple imprisonment for a period of ten days.

6. Being aggrieved by this judgment of conviction and order of sentence, the accused Nos.1 to 8 have preferred appeal before the IV Addl. District and Sessions Judge, D.K.Mangalore in Criminal Appeal No.65/2013 and the same came to be dismissed the appeal on 05.11.2014. Being aggrieved by the judgment of the Courts below, the revision petitioner/accused Nos.1 to 8 have preferred this revision petition.

7. Since learned counsel for the revision petitioners has been elevated as the Judge of High Court of Karnataka, notices