8 who is. There is some evidence against him and none against any one else. Therefore I will find him guilty. " Such a line of reasoning as this is unsound, for experience shows that crimes are often committed by persons unknown who have succeeded in wholly covering their tracks .... ." Where then, were the surrounding circumstances from which the learned counsel for the prosecution urged the Court to reach the conclusion that the only inference capable of being drawn was that the defendant murdered the deceased? Let me consider the evidence of the prosecution witnesses especially the evidence of the P.W .2 on whiGh the learned prosecuting counsel placed heavy reliance . By the evidence of the P.W.2, the defendant left for his home around 9 p:m. after both of them entertained fear w~ether he could get a commercial motor cyclist by that time . After attending to new patients, she had discussions with the deceased before she picked her books and went upstairs where she was living . In less than one hour, she was awaked by the noise of something that fell down from the upstairs . After about one hour, the defendant entered the place where she was sleeping and on her inquiry he told her that he was coming from upstairs . The defendant asked her of Uzoamaka Offor and she told him that she was upstairs. The defendant told her that she was not upstairs and she maintained that she was there . It was at this stage that the defendant collected her touch light and went upstairs and later came down and told her that she was not upstairs. The P.W .2 then suggested to him to go and knock on her door as she is supposed to be in her room . The defendant went and only to come down to say that her door was open but nobody was there . The defendant went up again and l~ter came back and told her that he had found her downstairs. He · requested for the key of the staircase door which she gave to him and followed him to the downstairs where he opened the door. He pointed the touch light and she saw Uzoamaka Offor lying on the ground stone dead . It is her evidence that she did not know when the defendant came back to the hospital and when she went to sleep, the door to the hospital had been locked . She stated that the defenda.nt did not tell her why he was looking for Uzoamaka Offor when he opened the door where she was sleeping . When the P.W .2 was cross examined , she agreed that she did not see the defendant with Uzoamaka Offor. She agreed also that