15
police recorded the statement of PWs 4 and 5 after delay of over two
months.
32. Coming to the recovered articles, the silver-patti recovered at the
instance of the appellants, is alleged to have been that of the
deceased-Shri Bai. However, no witness identifies the silver-patti as
belonging to any of the deceased. PW-2 states that "the type of anklet
that was seized" is easily available in the market.
Hence, in the
absence of any identification of the seized anklet, no reliance can be
placed on its recovery. The evidence of Rajesh Vaishnav, PW-2, who is
the witness to the seizure memo, is contrary to the memos brought on
record. The witness deposes that the statements of the accused were
recorded thrice, i.e. in Gidhauri Chowk, Khapridih and Barbhatha.
Moreover, he states that the seizures from appellant No.2 took place in
Kharri village and the memorandum of procedure took place in the
station. This is in direct contradiction with the seizure memo, which
states that seizures have taken place in Barbhatha.
33. The cash has not been traced back to the deceased as the box
from which articles were allegedly stolen has not been recovered or
seen by any witness. Even in the FIR, there is no averment of any
article or money being stolen or lost. Therefore, when the money
allegedly recovered is being sought to be relied upon as stolen from the
house of the deceased, the same is unreliable when there is nothing
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