ORDER

Mahesh Chandra, J. - This is a Government appeal against the acquittal of Ram Bahadur, Kallu, Ram Kishore, Baleshwar Prasad, Sri Prakash, Ram Nath, Chhadami Lal, Paggal, Gaya Prasad and Rameshwar. All of them had been prosecuted u/s 13 of the Public Gambling Act.

2. The case against them was that they were gambling with stakes of money with the help of cards on a public way in village Phoolpur on the canal patri of district Etawah on 4-7-1964 at about 2.30 a.m.

The Respondents pleaded not guilty and alleged that they had been falsely implicated. They stated that they had gone to village Phoolpur at the invitation of one Ram Bahadur. The police party passed from that village and arrested them.

4. The witnesses examined for the prosecution were Bharat Singh (PW1), Mohammad Ahmad (PW2) and Ram Charan (PW3). All of them stated that the accused were found gambling on the canal Patri. The learned Magistrate acquitted them on the ground that the canal Patri was not a public place.

5. Section 13 of the Public Gambling Act runs as follows:

A police officer may apprehend without warrant any person found playing for money or other valuable thing with cards, dice, counters or other instruments