NDLI: Brig. Sukhjeet Singh (retd.) Mvc Vs. The State of Uttar Pradesh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Cr.P.C s.391 – Additional evidence in Appellate Court
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973 – s.391 – Additional evidence in Appellate Court – A regimental Welfare Trust owned various immovable properties including agricultural lands – On 18.10.1989, a deed of declaration of trust was executed by the office of the trust claiming it to be a new trust without changing the nature of the trust – On the same date, a resolution no.112 was passed by the trustees where it authorized the appellant and the other accused to act in the name of the trust and sell the agricultural lands – Consequent to which, MOU was entered with the Trust and respondent no.2 and other purchasers for purchase of land – Respondent No.2 paid the earnest money – Sale was not executed – Respondent no.2-complainant filed FIR u/s.420/406 of IPC against the appellant and the other accused – Trial Court convicted appellant and the other accused – Criminal Appeal was filed by the appellant – During the pendency of the appeal, appellant filed applications u/s.391 of the Cr.P.C. for placing on record the said trust deed dated 18.10.1989 and resolution no.112, and to summon witness to prove the same – Applications were rejected by the Appellate Court – Appellant filed application u/s.482 of Cr.P.C. against the order of the Appellate Court – High Court rejected the application u/s. 482 Cr.P.C. and held that applications u/s. 391 Cr.P.C. were filed by the appellant at a belated stage and the same were filed with some ulterior malafide motive – On appeal, held: High Court was not right in making observation that filing of additional evidence was at a belated stage – Appellant was convicted on 07.10.2013 and appeal was immediately filed on the next date, i.e. 08.10.2013 – There was nothing on record to indicate that appeal was being heard and at that stage the application u/s.391 of Cr.P.C. was filed, thus, to call the application as filed at the belated stage was unjustified – Furthermore, the application before the High Court cannot said to be filed with malafide motive of the accused – The accused, who is convicted, has a right to take all the grounds and also lead additional evidence, which in accordance with the Appellant Court is necessary in deciding appeal – Besides that, one ‘F’ had filed criminal case against the appellant which was also based on same MOU regarding the sale of agricultural land – In the said case, the Trust Deed dated 18.10.1989 was filed and proved, and appellant was acquitted – Thus, High Court committed error in not exercising jurisdiction u/s.391 of the Cr.P.C.Code of Criminal Procedure, 1973 – s.391 – Power of the Appellate Court – Held: There are no fetters on the power u/s. 391 Cr.P.C. of the Appellate Court – All powers are conferred on the Court to secure ends of justice – The ultimate object of judicial administration is to secure ends of justice – Court exists for rendering justice to the people.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 91
Petitioner	Brig. Sukhjeet Singh (retd.) Mvc
Respondent	The State Of Uttar Pradesh & Ors.
SCR	[2019] 2 S.C.R. 458
Judgement Date	2019-01-25
Case Number	148

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