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2021 Supreme(Sikk) 61

BHASKAR RAJ PRADHAN
Trilochan Kapoor Sharma, S/o. Late Hari Singh Sharma – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Appellant :Mr. B. Sharma, Senior Advocate with Mr. Rajendra Upreti, Advocate.
For the Respondent: Mr. Sudesh Joshi, Public Prosecutor and Mr. Yadev Sharma, Additional Public Prosecutor.

ORDER :

Bhaskar Raj Pradhan, J.

1. The appellant has moved an application under section 391 read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for placing further documents as evidence on record. It is pleaded that the appellant had taken a stand that he is suffering from mental illness at the time of alleged commission and even during the trial. It is further averred that the appeal was filed in consultation with his wife as the learned counsel who prepared the memo of appeal was not satisfied with the appellant’s behavior. When the counsel for the appellant was preparing the case for final argument, his wife also informed the counsel that the day when exhibit-17 was allegedly prepared, the appellant was mentally unfit, and she had taken him to a doctor. The counsel for the appellant advised the appellant’s wife to find out the relevant document. On doing so, she discovered the medical certificate dated 23.05.2012 and discharge certificate dated 26.05.2012 annexed and marked as Annexure-A collectively to the application. It is stated that the documents are relevant and goes to the root of the case. Consequently, the application for leading additional evidence.

2.

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