1985 Supreme(Del) 417
J.D.JAIN
ANISA BEGUM – Appellant
Versus
MASOOM ALI – Respondent
Advocates Appeared:
A.K.M.Sherwani, Altaf Ahmed, SUBHASH C.BUTTAN
( 1 ) THE facts relevant to the decision of this petition succinctly are that Zamir Ahmed, deceased husband of the petitioner, was a motor mechanic and was having his place of work near Inter-State Bus Terminal, Delhi. He used to repair shock absorbers and do other auto jobs in the repairs of motor vehicles etc. and he had kept his goods including shock absorbers, tools and implements in a box at the place of his work. He died on 7th March 1983 under misterious circumstances as bodies of both Zamir Ahmed and his son Anis Ahmed aged about 19 years were found floating in river Yamuna. On 20th December, 1983, the petitioner lodged a report with the Assistant Commissioner of Police, Sadar Circle, Delhi that the respondent, who is younger brother of her deceased husband, had stolen all the articles viz. shock absorbers, tools and implements etc. of her deceased husband by removing the box containing the same from the place of work of the deceased to his own house at 1074, First Floor, Kishanganj (Teliwara ). A case was registered being FIR No. 745/83, Police Station Kashmere Gate, under S. 379 Indian Penal Code (hereinafter referred to as ipc ) against the respondent on the basis of th
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