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missing of Pushpender. PW20 SI/IO Mukesh Kumar deposed in his cross- examination that in the FIR, it was not mentioned whether the missing person was carrying his mobile phone or not. Mobile phone number of the missing person was also not mentioned in the FIR. From 24.8.2019 till 26.8.2019 before meeting Kanchan Solanki, he was investigating the case only from the angle of a missing person. They had gone to Pyali Chowk in search of the missing person. He had reached Plyali Chowk at 9:30 a.m. Kanchan and Ravi Solanki met him at around 11/11:15 a.m. From 9:30 a.m. to 11:15 a.m. he was searching for missing person in the park. He also inquired from nearby shops but he did not know their names. He did not know Kanchan prior to 26.8.2019. Kanchan had informed him that motive of murder was money transaction for a sum of Rs.1.5 lakhs between deceased and accused Dhirender. He had not provided any documentary evidence with respect to the aforementioned money transaction between deceased and accused Dhirender. Family members of deceased had informed him that deceased used to often meet Kanchan Solanki. He had inquired from Kanchan Solanki from 24.8.2019 to 26.8.2019. Kanchan Solanki had told him that deceased used to meet accused Dhirender. No public witness was joined at the time of arrest, disclosure and recovery. He had informed senior officers with respect to search of dead body in Yamuna River at about 11:00 a.m. on 26.8.2019. NDRF team was already present at the site (Yamuna bridge) when they reached there. ASI Mahender of local police station had arrived at the spot at about 8:30 p.m. He admitted that water from Yamuna river was not collected by him at the time of recovery of dead body. He had

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mobile subscribers under one tower. He admitted that there was no date or time mentioned in Ex.PAF regarding the location.
18. There are material contradictions in the statements of PW-1 Ravi Solanki and PW-3 Kanchan Solanki regarding the last seen evidence.

PW1 in his cross-examination deposed that while leaving the house on 21.8.2019, the deceased had informed his wife Pooja and mother Kamlesh that he was going to the Bank at Neelam Chowk. His brother was having a mobile phone. He had last conversation with his brother on his mobile at around 6:00 PM on 21.8.2019. In his complaint Ex.PD to the police, he did not inform that he had last conversation with his brother at about 6:00 PM on 21.8.2019. He searched for his brother at his own level from 21.8.2019 to 22.8.2019. He had gone to the house of Kanchan on 26.8.2019 at about 5:30/6:00 AM. Although, he had talked with Kanchan between 21.8.2019 to 22.8.2019 but he did not tell him about the missing of Pushpender. He admitted that on 26.8.2019, they had come to know that accused Dhirender had murdered Pushpender. PW3 Kanchan Solanki in his cross-examination deposed that the distance between his house and that of Dhirender was about 1½ -2 Kms. He did not know Dhirender directly. He knew him because he was friend of Pushpender. He did not remember as to whether his statement was also recorded by the police at any point of time, apart from his making complaint Ex.PK. On 27.8.2019 at about 8:30/9:00 PM, telephonic call was received at home to the effect that dead body had been recovered. A team of NDRF reached in his presence at about 6:00 PM. No TIP of the accused Krishan and Javed was got performed in his presence. If any such thing 33 of 36 Neutral Citation No:=2024:PHHC:139190-DB CRM-A-833-2024 (O & M) ::34::