LAKHAN SINGH versus AMARJEET SINGH & ANR

LAKHAN SINGH versus AMARJEET SINGH & ANR

The High Court's order allowing additional evidence under Sections 311 and 391 CrPC and remanding the matter to the Trial Court was set aside because the High Court decided the application for permission to lead additional evidence without examining the record, the reasoning of the Trial Court and this Court's earlier order confirming fitness to stand trial; an appellate court must examine the material and ordinarily hear the appeal on merits before permitting additional evidence, and may itself record or direct recording of such evidence after recording reasons.

Parties
Appellant/complainant: Lakhan Singh; Respondent/accused: Amarjeet Singh
Jurisdiction
India
Judgment Date
06 December 2022
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Allowing Additional Evidence/remand to Trial Court
Outcome
Appeal allowed
Legal Topics
Section 391 Cr PC Additional Evidence in Appeal, Section 311 Cr PC, Section 330 Cr PC, Section 84 IPC Unsoundness of Mind, Conviction Under Section 302 IPC, Scope of Appellate Powers to Admit Additional Evidence
Criminal Procedure Criminal Evidence Criminal Law Mental Capacity (insanity) Section 391 Cr PC Additional Evidence in Appeal Section 311 Cr PC Section 330 Cr PC Section 84 IPC Unsoundness of Mind +2 more

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Parties

Lakhan Singh

Appellant/complainant

Amarjeet Singh

Respondent/accused

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Allowing Additional Evidence/remand to Trial Court

Legal Issues

  1. 1 Whether the High Court was justified in allowing additional evidence under Section 391 CrPC and remanding the matter to the Trial Court without first hearing the appeal on merits and examining the record and prior orders
  2. 2 Whether issues of unsoundness of mind at the time of the incident had already been considered and finally decided by the Trial Court and this Court such as to preclude allowing further evidence

Ratio Decidendi

The High Court's order allowing additional evidence under Sections 311 and 391 CrPC and remanding the matter to the Trial Court was set aside because the High Court decided the application for permission to lead additional evidence without examining the record, the reasoning of the Trial Court and this Court's earlier order confirming fitness to stand trial; an appellate court must examine the material and ordinarily hear the appeal on merits before permitting additional evidence, and may itself record or direct recording of such evidence after recording reasons.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order dated 29.03.2022 set aside.
  • Criminal Appeal No.453 of 2019 restored for reconsideration by the High Court in accordance with law.