Additional Evidence in Criminal Appeal: Section 391 discretion upheld where belated material was not shown necessary for justice.

Additional evidence in criminal appeal under Section 391 CrPC is an exceptional power to be used only when the material is necessary for deciding the appeal and securing the ends of justice. Where the party had earlier opportunities to lead evidence, had cross-examined witnesses at length, and sought to summon material already within its knowledge at a belated stage, refusal to admit such evidence is proper. The appellate court's discretion will not be interfered with absent a convincing showing that the proposed evidence is indispensable for adjudication. The refusal to allow additional evidence was upheld.

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Issues: Whether the appellate court was justified in refusing to permit additional evidence under Section 391 of the Code of Criminal Procedure, 1973.

Analysis: The request for additional evidence was examined in the context of the settled principle that the power under Section 391 is exceptional and must be exercised cautiously and only when the evidence sought is necessary for deciding the appeal and for securing the ends of justice. The petitioner had already been afforded opportunities to lead evidence, had cross-examined the complainant witnesses at length, and the material sought to be summoned was within his knowledge from the beginning. The application was also moved at a belated stage, and no sufficient basis was shown to establish that the proposed evidence was indispensable for adjudication of the appeal.

Conclusion: The refusal to allow additional evidence was upheld. The petitioner failed to show that the evidence was necessary for a just decision, and no interference was warranted.

Final Conclusion: The petition was rejected because the appellate court's discretionary refusal under Section 391 was found to be proper and within the settled limits of that power.

Ratio Decidendi: Additional evidence in appeal may be permitted only when it is shown to be necessary for deciding the appeal and must not be allowed as a matter of course, especially where the evidence was available earlier and the request is made belatedly.

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