JUDGMENT

Grimwood Mears, Kt., C.J., Lindsay and Ryves, JJ. - Atma Ram was convicted by the District Magistrate of Dehra Dun u/s 3 of the Public Gambling Act (Act No. III of 1867) as amended by Act No. I of 1917 of the Local Legislature and sentenced to pay a fine. His appeal was dismissed by the learned Sessions Judge of Saharanpur. He then filed a revision in this Court on the ground that the conviction was untenable having regard to two recent decisions of this Court which will be referred to hereafter. The case has been referred to a Full Bench. The order of reference is as follows: "Having regard to the very singular form in which "common gaming house" has been defined and to the decisions in Lachhi Ram v. King-Emperor 1922 (20) A.L.J. 218 and Emperor v. Durga Prasad ILR 1923 All. 258, I think it desirable to appoint a Full Bench to consider whether on a-fair construction of the words 'used for the profit or gain of the person owning', the acts done by Atma Ram are sufficient to support the conviction or whether the language of the definition is inapt and insufficient."

2. The judgment of the trial court is somewhat involved and it is not easy to find from it what are the real fa