The power to call for additional evidence under Section 391 Cr.P.C. does not authorize setting aside the trial court's judgment.

JUDGMENT

Sanjay Kumar, J. - These two criminal revisions, filed under Section 397 Cr.P.C. read with Section 401 Cr.P.C., are amenable to a conjoined disposal.

2. The revisions arise out of the common judgment dated 30.10.2018 passed by the learned Sessions Judge, Amritsar, in Criminal Appeal No.24115(New)/18843(Old) of 2013 and Criminal Appeal No. 421 of 2014. The petitioner in CRR-3772-2018 was the appellant in Criminal Appeal No.24115(New)/18843(Old) of 2013 while the petitioner in CRR-450-2019 was the appellant in Criminal Appeal No. 421 of 2014.

3. These two appeals, in turn, arose out of the judgment dated 18.09.2013 passed by the learned Additional Chief Judicial Magistrate, Amritsar, in Complaint Case No.36 of 2007, registered under Sections 500, 501, 109 and 120-B IPC. Sukhbinder Singh Sarkaria, the petitioner in CRR-450-2019, was the complainant in the said case while Veer Singh Lopoke, the petitioner in CRR-3772-2018, was the accused therein.

4. By the judgment dated 18.09.2013, the learned Additional Chief Judicial Magistrate, Amritsar, convicted the accused under Section 500 IPC and sentenced him to simple imprisonment for a period of one year and payment of a fine of Rs.5,000/- and in default, to undergo simple imprisonment for a further period of 15 days. Aggrieved thereby, the accused filed Criminal Appeal No.24115(New)/18843(Old) of 2013 while the complainant sought enhancement of the sentence, by way of Criminal Appeal No. 421 of 2014. The complainant also filed an application under Section 391 Cr.P.C. in his appeal seeking to lead additional evidence.

5. By the common judgment dated 30.10.2018, the appellate Court allowed the appeal of the accused and set aside the trial Court's judgment dated 18.09.2013. At the same time, the application of the complainant under Section 391 Cr.P.C. was also allowed and the case was remanded with a direction to the trial Court to allow the complainant to examine the concerned Clerk of Jagbani Newspaper, along with the summoned record, regarding publication of the offending advertisement in the City Edition of Jagbani dated 13.02.2007, and to dispose of the case afresh in accordance with law within a time frame. The complainant's appeal for enhancement of the sentence was dismissed as infructuous.

6. Aggrieved by this judgment to the extent of allowing of the complainant's application under Section 391 Cr.P.C. and the remanding of the case to the trial Court pursuant thereto, the accused filed CRR-3772- 2018. Aggrieved by the allowing of the appeal of the accused and the setting aside of the conviction and sentence ordered by the trial Court, the complainant filed CRR-450-2019.

7. By order dated 16.11.2018 passed in CRR-3772-2018, this Court stayed further proceedings pursuant to the judgment dated 30.10.2018. Separately, by order dated 26.02.2019 passed in CRR-450- 2019, pronouncement of the final judgment by the trial Court, pursuant to the remand, was stayed.

8. The factual matrix relevant to these revisions may be summed up thus: The complainant and the accused were rival candidates in the Assembly elections from Rajasansi Constituency held on 13.02.2007. The complainant was the candidate of Congress Party while the accused was sponsored by the Akali Dal. On the date of the election, viz., 13.02.2007, an advertisement was published in Jagbani Newspaper depicting the complainant in a negative light. The accused was stated to have been responsible for the publication of this advertisement. That apart, he allegedly distributed copies of the said newspaper on that day. Thereupon, on the strength of these allegations, the complainant filed the subject complaint case under Sections 500, 501, 109 and 120-B IPC.

9. The complainant examined himself and four other witnesses during his preliminary evidence. The four witnesses examined by him were Jasbir Singh, Amandeep Singh, Shadi Lal and Taljit Singh. Shadi Lal was an employee of Jagbani Newspaper and produced the Booking Slip of the offend