2009 (4) TMI 1008

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....d by the High Court of Judicature at Allahabad in Capital Case No. 3261 of 2007. By the impugned order, during the course of hearing of the appeal preferred by the convict, respondent No. 1 in this appeal, the High Court has ordered that Kalicharan, who according to the evidence of P.W. 2 and P.W. 6 had apprehended the said respondent be summoned for giving evidence. The High Court has also summon....

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....he stand of the appellant. Having perused the impugned order, we are of the opinion that the impugned order, cannot be sustained. Section 391 of the Code, insofar as relevant for the purpose of this appeal reads as follows : "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 thin....

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.... In Rambhau and Another vs. State of Maharashtra, (2001) 4 SCC 759, this Court has held that the object of Section 391 is not to fill in lacuna, but to subserve the ends of justice. Admission of additional evidence should not operate in a manner prejudicial to the prosecution or the defence. Though wide discretion is conferred on the Court, the same has to be exercised judicially and the legislatu....