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1990 Supreme(Raj) 775

MOHINI KAPUR
Rafiq Mohammed : Sharif Mohammed : Nasir Mohammed – Appellant
Versus
Sharif Mohammed : State of Rajasthan – Respondent


JUDGMENT

1. - An incident occurred on 28.2.1985 in the Court premises at Jaipur. According to the complainant he was beaten by Nasir Mohammad and Sharif Mohammed by blows and kicks after being detained by them. He lodged a report at the police station Sadar, Jaipur and after investigation a challan was presented against Nasir Mohammed for the offences under sections 325 and 341 IPC. The Magistrate took cognizance against Nasir Mohammed. The complainant presented a protest petition and on considering the same, the learned Magistrate called for the attendance register of the office of the General Manager Telephones, where Sharif Mohammed was working and also took into consideration the order-sheet in criminal case pending before a Court and found that though Sharif Muhammed was shown present in the office according to the attendance register but he was present in the Court in some other case on that very day and considering this, cognizance was taken against Sharif Mohammed also. Both Sharif Mohammed and Nasir Mohammed were tried for the offences under sections 323 and 341 IPC and found guilty and were convicted by the learned Magistrate on 19th Dec. 1986. Each of them was directed t
















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