The main legal point established in the judgment is that the prosecution must prove the elements of the offence under Section 4A of the Public Gambling Act, and mere seizure of satta slips is not sufficient to establish the offence.

Vide judgment dated 25-8-1999 passed by the learned JMFC, Sohagpur in Criminal Case No.193/98 the applicant was convicted for offence punishable under Section 4A (M.P Amendment Act) of the Public Gambling Act, 1867 and sentenced with three month's rigorous imprisonment with fine of Rs.500/-. In default of payment of fine one month's simple imprisonment was also directed. In Criminal Appeal No.99 of 1999 vide judgment dated 16-6-2000 the learned Additional Sessions Judge, Sohagpur dismissed the appeal filed by the applicant. Being aggrieved with aforesaid judgments passed by both the Courts below the applicant has preferred the present revision.

2. The prosecution's case in short is that on 22.5.1998 the Head Constable Shivbahadur Singh along with the Police Force went to Raghuwanshipura, Sohagpur on information that the applicant Yusuf Khan was involving some persons in gambling by help of satta slips. The Police Force surrounded the applicant and before witnesses Kamal Singh and Balkishan, it was found that applicant was playing satta with others with the help of various numbers and number slips. A sum of Rs.1108.85, 15 slips of satta numbers, one pen etc. were recovered from the applicant and he had informed that he was doing such business for co-accused Rajkumar Raghuwanshi. After due investigation a charge-sheet was filed before the trial Court against the applicant and Rajkumar.

3. The applicant abjured his guilt. He refused to do any crime. He took a plea that he was bathing in his house and he was arrested from his house and all other materials were implanted upon him. No defence evidence was adduced.

4. The learned JMFC after considering the evidence adduced by the prosecution convicted and sentenced the applicant as mentioned above. In Criminal Appeal No.99/1999 the learned Additional Sessions Judge accepted the appeal of the co-accused Rajkumar but, the appeal of the applicant was dismissed.

5. I have heard the learned counsel for the parties.

6. The learned counsel for the applicant has challenged the testimony of the witness Head Constable Shivbahadursingh (PW4) because the independent witnesses Kamal Singh (PW2) and Balkishan (PW3) have turned hostile. If evidence given by the various witnesses is examined then it would be apparent that the independent witnesses Kamal Singh (PW2) and Balkishan (PW3) have turned hostile whereas, Head Constable Shivbahadursingh (PW4) has stated that he had caught the applicant red handed when he was playing gambling and therefore, a sum of Rs.1108.85, one pen and 15 satta slips were recovered from the applicant. He proved the seizure memo Ex.P/1. Head Constable Satish Kumar Yadav (PW1) has stated that he accompanied Shivbahadursingh but, he could not state that the applicant was caught from a particular premises or not. The applicant took the defence that he was arrested from his house but, such defence could not be established by him. However, it was for Shivbahadursingh (PW4) to tell that who, gave the money to the applicant for which number and on which stake. He has accepted in para 6 of his statement that there was nobody except the applicant was available on the spot.

7. If the huge sum with some satta slips are recovered from the applicant then, it was for the investigation officer to prove that those were satta slips and therefore, he was expected to tell the reason as to why he found those slips to be satta slips but, in the evidence of Shivbahadursingh, he submitted that neither he saw anybody playing with the applicant through satta slips nor he could show those slips were used for satta purposes.

8. In the present case the charge-sheet was filed by the SHO, Sohagpur for offence under Section 4A (M.P. Amendment) of the Public Gambling Act. Section 4A (M.P. Amendment) of the Public Gambling Act may be read as under:

'4A. Punishment for printing or publishing digits, figures, signs, symbols or pictures relating to Worli Matkas or other form of gaming- (1) Whoever prints or pu