JUDGMENT :

Mohd. Faiz Alam Khan, J.

1. Heard learned counsel for the appellants as well as Sri C.S. Pandey, learned A.G.A. for the State. The present application has been moved on behalf of appellants under Section 391 Cr.P.C. to grant permission to file additional evidence (copy of statement of informant of this case recorded in other criminal case Gangster Case No. 201 of 2010 State vs. Ram Sajivan Yadav) in the instant criminal appeal.

2. Facts necessary for disposal of this application are that Sri Laxmi Narain lodged an FIR on 05.02.2010 at 17.15 at ps kothi District Barabanki stating that when on the same day around 3.00 pm he was returning from Barabanki, and when he reached at Kotwa Mor, accused Guddu @ Saroj, who was driving a Maruti Car bearing registration No. UP 41 A -9494, other accused persons Ram Sajivan,Hanoman and shanker sitting inside, hit the motorcycle on which deceased Jai Narain was sitting. When his brother fell down accused Hanoman and Shanker caught hold the deceased, while accused Ram Sajivan fired at his mouth from point blank range, causing his death instantly.

3. Appellants Ram Sajiwan Yadav, Hanoman, Shanker @ Shiv Shanker Verma and Guddu @ Saroj were tried by the trial Court for the offences punishable under Section 302, 307, 504, 506 I.P.C and Section 7 Criminal Law Amendment Act in Sessions Trial No. 544 of 2010 (State of U.P. vs. Ram Sajiwan Yadav & others) arising out of Case Crime No. 66 of 2010 Police Station Kothi District Barabanki. Sri Laxmi Narain informant of this case was testified as prosecution witness no.1 and also supported the prosecution version of the incident.

4. The trial Court vide judgment and order dated 24.8.2013 convicted the appellants under Section 302/34 I.P.C. and sentenced to undergo rigorous imprisonment for life with a further stipulation to pay fine of Rs.20,000/-or to undergo one year imprisonment in default. They were further convicted and sentenced to undergo rigorous imprisonment for seven years along with fine of Rs.5000/-with regard to offence under Section 307/ 34 I.P.C., six months rigorous imprisonment for offence under Section 504 and two years rigorous imprisonment to each of accused under Section 506 I.P.C. Appellants were further convicted and sentenced to undergo rigorous imprisonment for six months for the offence committed under Section 7 Criminal Law Amendment Act. In addition Appellant Ram Sajiwan Yadav was also convicted under Section 3/25 of Indian Arms Act and sentenced to undergo rigorous imprisonment for two years and fine of Rs.5000/-or to undergo simple imprisonment for five months in default.

5. Aggrieved by the aforesaid judgment and order dated 24.8.2013 accused-appellants Shanker @ Shiv Shanker Verma and Guddu @ Saroj preferred instant Criminal Appeal No. 1293 of 2013 which was admitted for hearing vide order dated 19.9.2013.

6. It is also worth mentioning that during the pendency of this Appeal, bail applications were moved by Appellants and the first bail application of appellant No.1/Shankar @ Shiv Shankar Verma has been rejected vide order dated 08.07.2014 and the first, second and third bail application of appellant No.2/Guddu @ Saroj has been rejected vide order dated 10.04.2014, 30.05.2014 and 06.02.2017.

7. Thereafter Appellants moved instant application under Section 391 Cr.P.C requesting to grant permission to file additional evidence(copy of statement of Sri Laxmi Narain recorded in other criminal case) in the instant appeal. In the affidavit accompanying application , it is stated that statement of the informant of instant case i.e. Sri Laxmi Narain has been recorded before the Court of Special Judge Gangster Act, Court No.4, Barabanki on 18.12.2017, in a Gangster Case No. 201 of 2010 ,State vs. Ram Sajivan Yadav, which is a connected case of instant case wherein he has stated that after the incident he had gone to police station by motorcycle and met with the Sub-Inspector and told him about the murder of his brother committed b