Beasley, C.J.

1. The respondent was charged before the Taluq Magistrate of Cuddalore with an offence under Section 294-A, I.P.C. and was acquitted. Government now appeals against that acquittal. The respondent is a cycle and gramaphone dealer keeping a shop for that purpose, and the case for the prosecution is that, besides carrying on that perfectly legitimate, business, he got up a lottery after having invited members of the public to take part in it and also that he kept an office or place for the purpose of drawing the lottery which was not authorized by Government. First of all, we have got to see what this scheme of the respondent which is alleged to be a lottery, provided for. That is set Oat in para. 3 of the Magistrates order. It is evident that the respondent started two chits as they are described by the Taluq Magistrate one in February 1932, and the other in March 1932. The condition of these chits, or whatever description the scheme merits, are contained in two, documents Exs. D and D-1. There were to be a hundred subscribers in each section. The subscription was fixed at Rs. 3 a month and the transactions covered a period of 20 months. Every subscriber was offe