237 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 07.04.2026 Som Nath …Petitioner vs.

State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. S.K.Verma, Advocate for the petitioner.

Mr. Parmod Kumar, AAG, Haryana.

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N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present revision petition against the impugned judgment dated 15.02.2012 passed by the Court of Sessions Judge, Jind and the judgment of conviction and order of sentence dated 09.11.2011 passed by the Court of Special Judicial Magistrate, Jind, whereby the petitioner was convicted for the commission of the offences punishable under Section 13- A(3)-67 of the Public Gambling Act, 1867 and was sentenced to undergo rigorous imprisonment for a period of three months.

2. The brief facts of the case are that on 21.06.2011, Sub Inspector Ram Avtar of Police Station City, Jind along with Head Constable Jagdeep Singh, EHC Ashok Kumar and Constable Wazir Singh was present at Railway Road, near Patiala Chowk, Jind in connection with patrolling and crime checking. A secret informer gave him information that Som Nath, accused was habitual of 'satta khaiwali' and today also was doing so while standing in front of his house by saying in loud voice that 'satta was a game of luck and a person would get Rs. 90/- after deducting commission against Re.1/- if he succeeds in his number, otherwise the staked amount would be forfeited. On receipt of this information, he searched the person of Head Constable Jagdeep Singh, who was already in civil dress and giving currency note of Re. 100/- bearing No. JND 477057. He directed him to go and stake it at number 5 and after obtaining receipt from the accused to give signal to him by moving his hand over his head, whereas he along with the other police officials started waiting for his signal while standing by the side of a wall at some distance from the place of occurrence. In the meantime, bogus punter Head Constable Hardeep Singh gave the directed signal, upon which he along with the accompanying police officials overpowered the 'khaiwal'. On asking, he disclosed his name as Som Nath son of Triveni, Resident of Ward No. 1 Loco Colony, Jind. He was having a paper written 21.06.2011 on its top and digits 01/25 in the beginning and 5/100 in its bottom on a cardboard and a ball pen in his left and right hands respectively. On his personal search, a sum of Rs. 11,015/- including marked currency note of Rs. 100/- bearing No. JND 474057 were recovered from the front pocket of his shirt. Bogus punter Head Constable Jagdeep Singh produced a 'satta' slip mentioning '5/100' and Som Nath in Hindi script besides date 21.06.2011. The aforesaid articles were taken into police possession vide a separate recovery memos. He sent rukka to the Police Station City, Jind on the basis of which a case under Section 13(A) of the Gambling Act, 1867 was registered against the accused vide aforesaid FIR. The accused was arrested. After completion of investigation, final report under Section 173 Cr.P.C. was filed against him in the Court of learned Illaqua Magistrate.

3. After presentation of the challan, the petitioner was charge-sheeted under Section 13(A)-(3)-67 of Public Gambling Act, to which, he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined SI Ram Avtar as PW-1 and HC Jagdeep Singh as PW-2 and thereafter, the prosecution evidence was closed.

5. After closure of the prosecution evidence, the statement of the petitioner under Section 313 Cr.P.C. was recorded and all the incriminating circumstances were put to him. However, he denied all allegations and pleaded false implication in the present case. The petitioner chose not to lead any defence evidence.

6. At the very outset, learned counsel for the petitioner submits that he does not wish to challenge the judgment of conviction passed against the petitioner by both the Courts, however, some leniency may be shown, whi