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1968 Supreme(Raj) 31

C.B.BHARGAVA
MITHUKHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
M.L.SHRIMALI, R.N.Surolia

Judgment


C. B. BHARGAVA, J.

( 1 ) THIS is an application in revision by Mithukhan against his conviction under sections 332 and 353 of the Indian Penal Code.

( 2 ) THE case of the prosecution Is that on 31st October 1963. at about 7 p. m. Shri govind Gurnani, Inspector Narcotics on the information of an informer that the petitioner had contraband opium in his house, reached there along with members of his party. The petitioner was then present at his house. Panchas were called and his house was surrounded and while the search party was attempting to enter the house, the petitioner resisted the attempt and struck lathi blows on Amir mohd. Constable and Shafiq Ahmed, the informer, and thus the attempt of the raiding party to enter the petitioners house was frustrated. Shri Gurnani called help from the police. But by the time the police arrived the petitioner had escaped. Thereafter search of the house was taken by Shri Gurnani with the help of the police, but nothing incriminating was found inside the house. It is said that yasinkhan son of the petitioner removed the lathi with which the constable and the informer were assaulted with the intention of screening the offender from lega











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