IMPORTANT POINT
Production of additional evidence – Powers under Section 391 of Cr.P.C. are to be exercised judiciously and not for mere asking.

JUDGMENT

Jyotsna Rewal Dua, J.—The order impugned in this petition was passed by the learned Appellate Court on 31.12.2022 dismissing the complainant’s application moved under Section 391 of the Code of Criminal Procedure (Cr.P.C.) seeking to place and prove on record certain documents by way of additional evidence.

2. The petitioner was the complainant in FIR No.448/1998 dated 24.8.1998, registered under Sections 417, 466, 474 and 120-B of the Indian Penal Code at Police Station Una, District Una, H.P. Respondents No.2 and 3 were the accused persons in the said FIR. The FIR eventually resulted in registration of Criminal Case RBT No.79-II-14/03 with Registration No. 10793/2013. The date of institution of the said criminal case was 27.01.2003. Respondents No.2 and 3, the Patwari and Kanungo respectively, were put on trial. Learned Trial Court acquitted the accused persons (respondents No.2 and 3) vide its judgment dated 27.08.2015. Respondent No.1-State accepted the verdict. The complainant preferred an appeal against the aforementioned judgment of the learned Trial Court before the learned Appellate Court. The appeal was preferred by him on 20.10.2015. Two years after filing of the appeal, the complainant moved an application under Section 391 Cr.P.C. to place and prove on record the following documents by way of additional evidence:—

“(a) Copy of Shajra Kishatwar Bandobast Sani Musavi No. 3 for the year 1986-88 in respect of Khasra Nos. 2328 to 2332 situated in Village Badoli, Tehsil Una Distt Una.

(b) Copy of Field Book Bandobast Jadid Suni for the year 1986-88 in respect of Khasra Nos. 2328 to 2332 situated in Village Badoli, Tehsil Una Distt Una, issued by Revenue Patwari Circle Batuhi Tehsil and District Una on 16/7/2016.

(c) Copy of Field Book Bandobast Jadid Sani for the year 1986-88 in respect of Khasra Nos. 2327 to 2331 situated in Village Badoli, Tehsil Una Distt Una. (Ex PW20/A) issued on 23/10/2002 by Sukhdev Chand Revenue Patwari Circle Batuhi Tehsil and District Una (PW-20) to the Police which is enclosed with the case file No. RBT No. 79-11-14/03 titled State Versus Ravinder Singh.

(d) Copy of statement dated 7/8/2014 of Sukhdev Chand Patwari (PW20) recorded by C.J.M. Una attached in case file No. R.B.T. 79-11-14/03 State Versus Ravinder Singh.

(e) Copy of Roznamcha Fard Partal Settlement Record in respect of Badar No. 661 to 706 etc. of Village Badoli, Tehsil Una Distt Una.

(f) Copy of plaint of pending Appeal No. 43/13 titled Kewal Krishan Versus Gurbachan Singh filed by Kewal Krishan applicant in the Court of Divisional Commissioner Dharamshala against the order of S.O. Kangra dated 10/10/2012 in case No. 225/98/S.O. titled Kewal Krishan Versus Gurbachan Singh.”

Respondents No.2 and 3 opposed the application. Considering the given facts and attending circumstances of the case, learned Appellate Court vide order dated 31.12.2022 dismissed the application. In the above backdrop, the complainant has instituted present petition invoking Section 482 Cr.P.C.

3. I have heard learned counsel for the petitioner (complainant) as well as learned counsel for respondents No.2 & 3 and learned Additional Advocate General for respondent No.1.

4. For the following reasons, I am not inclined to interfere with the impugned order:—

(i) Section 391 Cr.P.C gives out power to the Appellate Court to take further evidence in following manner:—

“391. 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 may either take such evidence itself, or direct it to be taken a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate.

(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispos