Code of Criminal Procedure, 1973 – s.391 – Additional evidence in criminal appeal – When impermissible – Respondent no.1-accused was convicted u/s 302, IPC and sentenced to life – Conviction and sentence challenged by respondent before High Court, also filed application for recording of evidence in respect of his plea of unsoundness of mind – Application allowed, Trial Court was directed to take on record the additional evidence and documents and to send the file back along with additional evidence – On appeal by complainant, held: Evidence regarding mental condition of the respondent was already on record – He also got himself examined as DW-2 to put forward the aspect of his mental incapacity – Facts and conclusions in the orders passed by the Trial Court and by Supreme Court were available before the High Court – While dealing with the appeal, it ought to have examined the material on record before taking a decision as to whether any further evidence was required in the matter or not – Deciding the application for permission to lead additional evidence in the appeal without hearing the parties on merits and without examining the record and the reasoning that prevailed in the Trial Court, cannot be countenanced – Further, if at all any further evidence was considered requisite, it could have been taken by the High Court itself or by directing the registry to do the same, after recording specific reasons therefor – Impugned order set aside – Criminal appeal restored for reconsideration of the High Court on merits – Application filed by respondent also restored – Penal Code, 1860 – ss.302, 84. Code of Criminal Procedure, 1973 – s.391 – Scope of – Held: Proposition of taking additional evidence in a criminal appeal cannot be adopted as a matter of course by the Appellate Court – Appellate Court could take a considered decision on the prayer for adducing additional evidence in appeal only after the appeal itself has been heard on merits and not before.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.