Cri.Appln.4828 of 2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4828 OF 2010 IN CRIMINAL APPEAL NO.427 OF 2010 Premchand Nimba Sapkale ..Applicant Versus The State of Maharashtra ..Respondent Mrs Sabahat Kazi, Advocate (appointed) for the applicant Mr N.H.Borade, A.P.P. for respondent-State CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 8th February 2011 PER COURT 1. This is an application filed by the applicant, who stands convicted for an offence punishable under Section 302 of the Indian Penal Code on the allegations that the applicant had committed murder of deceased Gokul on 30.11.2004 in between 11.00 to 11.30 a.m. 2. The entire prosecution case revolves round the testimony of P.W.8 Santosh, who is said to be an eye witness. We have perused the evidence of P.W.8 Santosh from the record and proceedings, which we had called for. Upon such perusal, according to us, prima facie no dent has been made in the cross-examination of P.W.8 Santosh. Mrs Kazi, learned Counsel appointed on behalf of the applicant/appellant, however, submits that statement of P.W.8 Santosh, during investigation, came to be recorded after about one month after incident. It is, therefore, urged Cri.Appln.4828 of 2010 2 that on this ground alone, the credibility of witness is affected and his claim at having witnessed the incident is rendered doubtful. According to us the aforesaid submission pertains to reappreciation of evidence which cannot be done at this stage. Suffice it to state that the trial Court has accepted the evidence of this witness and has found that the evidence of P.W.8 Santosh inspires confidence and accordingly, the trial Court has convicted and sentenced the appellant. Moreover, it appears that the appellant had been released on bail by the appellate court and while the appellant was on bail it is alleged that the appellant had committed murder of deceased Gokul. In the light of the aforesaid facts, therefore, we are not inclined to allow the present application and the application is accordingly dismissed. We, however, expedite the hearing of the appeal. We quantify the fees payable to the learned Counsel appointed on behalf of the applicant for arguing the bail application at Rs.1,000/- (Rs.One thousand). ( A.V. POTDAR, J. ) ( P.V. HARDAS, J.) (vvr/4828.10criappln)