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Allahabad High Court
Aziz Ismail And Ors. vs Emperor on 15 May, 1928
Equivalent citations: 110 Ind Cas 674
Bench: Dalal


JUDGMENT

When I first read the judgments of two Subordinate Courts, I was reminded of what Sir Toby Belch said to Malvolio “Dost thou think, because thou art virtuous, that there shall be no more cakes and ale.” I am afraid, however, that that view of the case was not justified by what has been held by a Bench of this Court in Ahmad Khan v. Emperor 12 Ind. Cas. 988; 34 A. 86; 8 A.L.J. 1262; 12 Cr. L.J. 612. It has been held there by two Judges that this ring game is not a game of mere skill. In addition to that, the single Judge, Chamier, J., who made the reference gave his opinion in the same direction.

A request was made that I may refer the case to a larger Bench. I am opposed to the interpretation of law being revised periodically. The ruling is not a very old one. It is of 1911. The applicants were rightly convicted, but I do not think that such heavy fines were necessary. I Am of opinion that the Police did nothing wonderful in stopping the game and deserved no reward. The fine of the first four applicants is reduced to Rs. 15 each. The excess fine, if any recovered, shall be refunded. The fine, ordered, by the Magistrate to be paid to the Police shall be correspondingly reduced to Rs, 90, the total fine recoverable from all the applicants, The revision application of the others is dismissed.


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