2009 (4) TMI 1008

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Case No. 3261 of 2007. By the impugned order, during the course of hearing of the appeal preferred by the convict, respondent No. 1 in this appeal, the High Court has ordered that Kalicharan, who according to the evidence of P.W. 2 and P.W. 6 had apprehended the said respondent be summoned for giving evidence. The High Court has also summoned the officer-incharge of Pushpanjali Hospital where the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... order, we are of the opinion that the impugned order, cannot be sustained. Section 391 of the Code, insofar as relevant for the purpose of this appeal reads as follows : Appellate Court may take further evidence or direct it to be taken- (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... urt has held that the object of Section 391 is not to fill in lacuna, but to subserve the ends of justice. Admission of additional evidence should not operate in a manner prejudicial to the prosecution or the defence. Though wide discretion is conferred on the Court, the same has to be exercised judicially and the legislature had put the safety valve by requiring recording of reasons. Thus, record .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X