LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/lakhan-singh-vs-amarjeet-singh-anr-20221206/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Lakhan Singh vs Amarjeet Singh & Anr.

Court
Supreme Court of India
Date
6 December 2022
Case No.
Criminal Appeal No. 2191 of 2022
Result
Allowed
Bench
Dinesh Maheshwari, Sudhanshu Dhulia
Citation
[2022] 17 S.C.R. 820 : 2022 INSC 1327
Supreme Court Reports [2022] 17 S.C.R. 820 : 2022 INSC 1327
Headnote

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.

Full Judgment Text

The Order of the Court was passed by DINESH MAHESHWARI, J. Leave granted. 2. By way of this appeal, complainant of the criminal case arising from FIR No. 211 of 2011 has questioned the order dated 29.03.2022 passed by the High Court of Delhi at New Delhi in Crl. M.A. No. 1828 of 2020 in Criminal Appeal No. 453 of 2019, whereby the High Court allowed an application moved by the accused-applicant (appellant before the High Court-respondent No.1 herein) with reference to Sections 311 and 391 of the Code of Criminal Procedure, 19731 and directed the Trial Court to take on record the additional
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

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.

All SC judgments →