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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