Bapna, J.—This is an appeal by the State against the order of acquittal of Rehman respondent on a charge under sec. 353 of the Indian Penal Code by the Munsif Magistrate, Hindaun by order of 4th of August, 1956.

2. The case for the prosecution is that Mr. Sri Kishen Ahluwalia Deputy Superintendent of Central Excise having headquarter at Bharatpur went on the 7th of September, 1953 to village Kot. He received information that Sullad and his son Rehman had cultivated tobacco but had not paid the excise duty thereon. On the 9th of September, 1955, he decided to go to the house of Rehman and after 2 P. M. went to his house and asked him to show his tobacco. Rehman replied that he had some tobacco with him but he would not show it. Shri Ahluwalia, Deputy Superintendent, was accompanied by Mr. Nand Kishore Maheshwari, Inspector Central Excise, Ramchand Sepoy, Nopa Chokidar and two Motbirs, Kapurchand and Phulchand. Shri Ahluwalia decided to take the search of the house of Rehman, but Dhamman and Rehman obstructed the making of the search and pushed aside Ramchand and Shri Ahluwalia. Shri Ahluwalia fell down and as a result received two injuries, one abrasion and the other a contused wound

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