the appellant with the alleged crime. The allegations of motive were attributed by the prosecution to the co-accused Bhavesh Bhai and Smt. Anek Kanwar, who have been acquitted by the trial court. He urged that the appellant-applicant has been convicted solely on the strength of the recoveries of blood stained weapon and blood stained clothes, but these recoveries can only be used to corroborate substantive facts and circumstances, which are totally lacking in the case of the appellant herein. He, thus, urged that the conviction of the appellant is bad in the eye of law. He pointed out that the circumstantial evidence of last seen together and the call of the deceased, wherein he told his wife that he was in the company of Bhavesh and recovery was available against the said accused, but while dealing with his case, the trial court brushed aside both the circumstances by holding that the motbir of the recoveries had turned hostile. He submitted that the conviction of the appellant as recorded by the trial court cannot be sustained by any stretch of imagination. He, thus, craved indulgence of bail to the appellant-applicant during pendency of the appeal.
