investigation applicant came to be arrested on 27.3.2017. After completion of investigation the police have submitted charge sheet. 3. Perused the charge sheet. It is the prosecution case that due to earlier alterations which took place between Gaurav Jadhav and Manoj Chordia on one side and the applicant and Aashish Pawar on other side the accused persons on 26.3.2017 at about 11.00p.m. Assaulted Gaurav and Manoj with bambu sticks. That Gaurav was thereafter admitted to Bharati Hospital where he succumbed to injuries. The Medical Officer has opined probable cause of death as “Death due to head injury”. The statement of the first informant indicates that accused No.1 Aashish Pawar accompanied along with one of his friend assaulted Gaurav on his left side of head with bambu stick. The record further indicates that in his supplementary statement dated 2.4.2017 which is recorded after the gap of 7-days the said informant has stated that, he subsequently realized that the applicant herein was also accompanying the accused No.1 Aashish Pawar on the date of incident and participated in the assault. The injured witness namely Manoj Chordia in his statement has not named the applicant however has stated that one person wearing white T-short was accompanying accused Aashish Pawar and participated in the said assault. A witness by name Shubham Phalke, has named the applicant as was accompanying Aashish Pawar on the date of incident and the applicant assaulted Manoj Chordia in the said assault. As far as the first informant and injured witness Manoj Chorida are concerned they have categorically stated in their first statement that unknown person was accompanying accused No.1 Aashish Pawar. However it prima facie appears from the record