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Showing contexts for: travelers cheques in Sc No. 19/04 1 State vs Jyotish Prasad Etc. on 2 August, 2008Matching Fragments
5. I.O. had found the earrings of deceased lying near the head and these earrings and the belongings of the lady which she was wearing at that time were removed and sealed with seal JLM and seized vide memo EXPW2/B. These articles were Citizen Watch, two rings, one Chutki, one Mala of stone, one ring on which ''Param Pita Shiv Parmatma'' was written. Investigating Officer prepared site plan EXPW29/B . Air tickets EXPW29/C and two copies of passports ( collectively EXPW29/E) which were recovered from the baggage of deceased were kept on record. Application for Traveller cheques recovered from the bag is EXPW29/D.
10. Pointing out memo of place of occurrence is EXPW27/D. Pointing out memo of the well in which the bags of deceased were thrown is EXPW27/E. Pointing out memo of sewer hole is EXPW27/F. Pointing out memo of place where the dead body of deceased was lying is EXPW27/K.
11. Accused Jyotish Prasad led police to a gadda (well) which was 1415 feet deep. In presence of police party he entered the well and after digging some soil with the help of hand he took out a Potli and thereafter SC No. 19/04 11 State Vs Jyotish Prasad etc. Judgement FIR No. 112/04, PS IGI Airport he came out from the Gadda/ kachacha well alongwith the Potli. It was opened and checked. 300 Australian Dollars, Traveller Cheques 7 in number, four notes of Hongkong Dollars in denomination of 100/ each, 2 notes of Hongkong Dollars in denomination of 20/ each were found in the Potli. Traveller Cheques were in the name of Dawn E. Griggs ie the deceased. These articles were seized vide seizure memo EXPW27/G. Thereafter, Investigating Officer alongwith police officials again visited Prepaid Taxi parking . Crime Team officials had already been informed to inspect the recovered taxi. When the Investigating Officer alongwith other police officials reached there, they were already present there. Taxi was inspected by the members of the Crime Team and the Crime Team officials recovered one Jungli Gokharu from the right side tyre of rear seat. One Gokharu was recovered from the mat which was lying near rear seat and mud was also removed from all the four tyres. Some hair were also lifted from inside the taxi. The abovesaid articles were converted in sealed pulanda and sealed with seal of JLM and seized vide memo EXPW27/1. The Crime Team officials SC No. 19/04 12 State Vs Jyotish Prasad etc. Judgement FIR No. 112/04, PS IGI Airport submitted Crime Team Report which is EXPW28/B and Finger Print report is EXPW5/B regarding the finger prints lifted from taxi was prepared by Finger print expert on 17.3.04 which is related to the Taxi.
40. The present case is based on circumstantial evidence. Ld defence counsels have vehemently assailed the circumstances pressed by prosecution. I take the submissions of Ld Defence Counsels one by one. IS IT A CASE OF ROBBERY ?
41. It is argued by Ld defence counsels that neither it is a case of robbery nor it is a case of rape . Ld defence counsels have drawn my attention to the fact that jewellery was very much found on the dead body. Ld defence counsels have also drawn my attention to the recovery memo EXPW2/D vide which various articles which are collectively EXP5 belonging to the deceased were recovered from a well. Ld defence counsels have drawn my attention that these articles were contained in one Air Bag mentioned at S. No.1 and one black colour bag mentioned at S.No. 2 in the recovery memo EXPW2/D. Ld defence counsels have argued that the black bag mentioned at serial no. 2 contained various articles including three Traveller Cheques, an application for Traveller SC No. 19/04 34 State Vs Jyotish Prasad etc. Judgement FIR No. 112/04, PS IGI Airport Cheques of Common Wealth of Australia, one pouch containing antique jewellery and one small camera. It is argued by Ld defence counsels that it is very strange that accused persons did not take away these precious jewellery, camera and Traveller Cheques from this bag. Ld defence counsels have drawn my attention to note no. 2 at the end EXPW2/D in which it is stated the Crime Finger Print Bureau Team developed finger prints from some of the articles taken up from the articles of these bags. Ld defence counsels argue that as per prosecution case, these articles were lifted vide recovery memo EXPW5/C by SI N.K. Sharma, the Finger Print Expert from Finger Prints Bureau, PTS Malviya Nagar . Ld defence counsels argue that out of these articles, only one plastic glass was found to have the chance finger print of Jyotish Prasad.
46. It must not be forgotten that the offence in question took place in an isolated place in jungle where no electricity is available. In the early hours of morning, there must have been darkness. It appears that accused persons were only interested in money which they took away leaving all other articles. This is the reason that no article except the money and Traveller Cheques was recovered at their instance.
47. Ld Defence Counsels argue that prosecution has been unable to SC No. 19/04 38 State Vs Jyotish Prasad etc. Judgement FIR No. 112/04, PS IGI Airport prove that the money and Traveller Cheques etc which were recovered at the instance of accused persons was stolen from the possession of that lady. It is argued by Ld defence counsels that even as per the prosecution case, the bags etc were searched and money was taken out by the accused persons after death of the passenger. It is argued by Ld Defence Counsels that had accused persons taken away the property of Ms Dawn Griggs before her death, it would have been a case of robbery but if they had taken away these articles and money, an offence U/S 404 IPC only is disclosed.