Kuppuswami Ayyar, J.

1. Accused 1, 2 and 4 in C.C. No. 455 of 1942 on the file of the Stationary Sub-Magistrate of Trichinopoly seek to have the order of the Sub-Divisional Magistrate of Trichinopoly in C.A. No. 11 of 1943 confirming the conviction of these three accused for the offence punishable under Section 8, Madras Gaming Act, and the sentence of Rs. 50 on accused 1 and 2, Rs. 20 on the 4th reversed. They were tried along with another accused. The prosecution case was that accused 1 and 2 were running the gaming house and that accused 3 and 4 were their servants. The game was one of darts. This is how the game was said to have been played. A board with a number of squares in six colours is kept leaning against the wall. On a table near it is placed a board showing the same six colours. If a person places money on any of those colours on the table he will be given three darts. If he throws the darts and strikes the colour on which he has placed his money he will be given twice the amount staked by him on that colour. Apart from the person who throws the dart others also could take part in the game. That is what is described as side betting in the judgment of the lower Cour