Panna Lal vs Emperor - 1925 Supreme(All) 297

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1925 Supreme(All) 297

ASHWORTH
Panna Lal – Appellant
Versus
Emperor – Respondent

ORDER

Ashworth, J. - This is an application for revision of the order dated 11th February 1925, of Thakur Sheora khan Singh, Magistrate, First Class, convicting the six applicants u/s 13, Act 3 of 1867 (the Public Gambling Act) and sentencing each of them to a fine of Rs. 5 or in default of payment of fine to rigorous imprisonment for a week. The case was tried summarily and the facts found by the Magistrate are that the applicants were playing a game of marbles on a public road at Mursan. Each player had contributed six pice to a pool and if a player succeeded in throwing his marble into a hole with the help of his finger he took the whole pool. The Magistrate was of opinion that the game of marbles was not a game of mere skill and that Section 13-A of the Public Gambling Act applied to a game of mare skill on it. The Magistrate was further of opinion that as the game played by the applicants was accompanied by betting and pice were actually found on the spot their act amounted to gaming in a public place. I am afraid that I am unable to agree with the view taken by the learned Deputy Magistrate. In my opinion the game of marbles is a game of mere skill and there is no more element

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