Present : De Sampayo J.

PERERA v. SINGHO et al.

 1,098-1,102-P. C.Kalutara, 5,184.

Unlawful gaming-Gambling on an open ground near the cooly line on an estate-Public roads passing through the, estate-Public place.

The accused were found gambling on an open ground in front of a cooly line on an estate.

Held, that the fact that public roads passed through the estate did not make the place a public place.

THE facts appear from the judgment. Zoysa, for appellants.

December 13,1921. DE SAMPAYO J.-

This is a prosecution under the Gaming Ordinance. Some eight persons, seven of whom are Sinhalese, were charged with having carried on unlawful gaming on Arapolakanda estate. The Tamil accused pleaded guilty. If he had not, he would have been able to urge the same point which the appellants in this case urge in defence. The point is whether they were gambling in a public place. The idea of the place being kept as a gaming place is negatived, nor did the police enter the premises with a warrant, so the prosecution had to depend on proof that the place was one to which the public had access whether of right or not. Now, this Arapolakanda estate would