Radhey Shyam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 588 of 2004 Radhe Shyam S/o. Rikhi Ram Mahar, Aged about 45 years, Resident of village Kudumkela, Police Station Gharghoda, District Raigarh (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through the District Magistrate Raigarh (C.G.) ---- Respondent ------------------------------------------------------------------------------------------ For Applicant : Ms. Sareena Khan, Advocate.

For Respondent : Mr. M. Asha, Panel Lawyer ------------------------------------------------------------------------------------------ Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board 22.01.2019 By the judgment under challenge passed on 05.11.2004 by Sessions Judge Raigarh, in Criminal Appeal No. 74 of 2004, the findings recorded by the learned Judicial Magistrate First Class, Dharamjaigarh, have been affirmed.

2.

Learned counsel for the applicant submits that as the applicant has served the entire sentence and also deposited the fine amount as directed and he had been released after serving the entire sentence on 13.03.2005 after availing the benefit of remission, as directed, he is not pressing the revision on its merits.

3. Though, the applicant is not pressing the revision on merits, this Court went through the evidence of the important witnesses which shows the involvement of the accused/applicant in the crime in question where he was caught red-handed while writing speculation slips and seized a sum of Rs. 348/- and thereby has committed the offence under Section 4(a) of the Public Gambling Act. Thus, conviction is justified and no interference is required therewith. Since, the applicant has already completed the sentence after getting benefit of remission etc, this point too does not require any further consideration.

4. In the result, the revision is dismissed.

Sd/- (Vimla Singh Kapoor) JUDGE Santosh