GORAKH BABAN KANKATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Advocate Mr. Siddiqui for the applicant/accused and learned APP Smt. Bhosale for the State assisted by Advocate mr. Mohite for the original complainant.

(2.) This is an application for bail filed by original accused No. 1 only. He has been convicted with others for the offences punishable under sections 143, 147, 148, 302 r/w 149 and 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and other sentences under the respective heads.

(3.) Advocate Mr. Siddiqui, appearing for the applicant/accused, urged that even though there are five eye-witnesses and the fir is strongly lodged in this case, it would not be proper upon the appellate Court unless there is some circumstantial evidence to support ocular evidence. He relied upon the judgment of the Supreme Court reported in A. I. R. 1952 S. C. 167 (Lachhman singh and others v. The State) , and drew our attention to the following para :-