3. Prosecution case in brief is that, on 22nd October,
2018 deceased (Salman), applicant and their two friends
were playing cards near the public toilet. At around 11:00
p.m. Mohd. Rahil and Mohd. Usmaan Umar Pathan left to
their home. Whereafter the applicant and deceased went to
the house of the deceased to play the cards. On 23rd
October, 2018 in the morning, dead body of Salman was
found lying in the pool of blood on the ground floor room of
his house. Deceased’s mother reported the incident to
police, Whereafter spot panchanama was drawn. It shows,
at the material time, the deceased’s body was found in the
ground floor room admeasuring 10 x 12 ft. Autopsy
Surgeon opined that, Salman died due to head injury and
the depressed fracture of right frontal bone. The
statements of Witnesses, Mohd. Rahil Mashook Ahmed
Khan and Mohd. Usmaan Umar Pathan indicates that,
they had seen the deceased in the company of the applicant
when they left to home. The applicant was apprehended on
22nd October, 2019. In the course of the investigation,
blood stained clothes and paverblock allegedly used by him
to smash the head of the deceased was recovered, at the
instance of the applicant. Besides, prosecution would rely
on recovery of mobile of deceased at the instance of the
applicant. Therefore, it is to be stated that, prosecution
case rests on the, circumstantial evidence. In other words,
