Kunduru Venkat Reddy v. The State of A.P., through S.H.O., Yellandu

There is no representation the petitioners- accused, although the case is posted to today for dismissal. This case consequently is disposed of without hearing the learned counsel for the petitioners-accused.

The accused allegedly committed the offence under Section 9 (1) of the Andhra Pradesh Gaming Act, 1974 (the Act, for short) by playing a game of chance with playing cards. They were found to be in possession of ` 4,430/-. All the accused admitted their guilt. On the basis of their admission, the learned trial Judge imposed fine of ` 300/- against each of the accused and also sentenced each of them to simple imprisonment for a period of 20 days.

The only question is whether the quantum of sentence recorded by the trial Court is adequate or deserves to be modified.

Some of the accused are quite young. At the time of the commission of offence, A4 was 27 years old. A.6 was 26 years old. A.7 was 23 years old. A.3, however, was 50 years old. Apart from the ages, from the description, it would appear that the petitioners/accused are small business persons or of humble calling such as auto driver (A.4). I, therefore, consider that imposition of fine of ` 300/- would meet the ends of justice and that awarding of imprisonment is certainly harsh in a case for an offence u/s.9 (1) of the Act, in the light of the amount seized from the accused.

Accordingly, the quantum of punishment, as recorded by the appellate Court, is modified to fine of ` 300/- each, in default of payment of which, to suffer simple imprisonment for a period of one week, as recorded by the trial Court, without any jail sentence.

The Criminal Revision Case is, accordingly, disposed of. ________________ K.G. SHANKAR, J Date: 20.10.2011 Isn