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1980 Supreme(All) 395

H.N.SETH, R.M.SAHAI
Ganga Prasad Maheshwari – Appellant
Versus
Commissioner Of Income-Tax – Respondent


Advocates appeared:
D.C. Chaturvedi, R.K. Gaulati, A. Gupta

JUDGMENT

R.M. Sahat, J.

1. FAMILY feud between real brothers led to the filing of a First Information Report on October 3, 1970, by Chaturbhuj Das Maheshwari, for the theft of jewellery, against petitioner No. 1, his own brother, petitioner No. 2, wife of petitioner No. 1 and petitioner No. 3, their son-in-law. All of them were tried under Sections 379/411/424 of the IPC. On 14th July, they were acquitted and it was held that no theft of any property belonging to the informant took place from his room No. 77, Rani Mandi, Allahabad, and that he had not kept any valuables in his almirahs in the said house. The ornaments and jewellery (Exs. 1 to 82) were not proved to have been recovered from any hiding place from the house of Ganga Prasad or from the possession of Ram Gopal. In the operative portion of the order a direction was issued. The property Exs. 1 to 84 should be returned to Ganga Prasad under intimation to the I.T. authorities after the expiry of the period of appeal, if no appeal was filed. The criminal adven- ture of Chaturbhuj Das, having miserably failed, he knocked at the door of income-tax department and is alleged to have sent a written complaint to the Govt. of India


































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