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2022 DIGILAW 1817 (PNJ)

Pawan Kumar v. State of Haryana

2022-09-28

PANKAJ JAIN

body2022
JUDGMENT Pankaj Jain, J. (Oral) - The present petition has been filed u/s 482 Cr.P.C. laying challenge to the order dated 1st of December, 2018 passed by the Additional Sessions Judge, Hisar whereby application filed by the petitioners u/s 391 of the Cr.P.C. for leading evidence at the stage of appeal has been dismissed. 2. Ld. Counsel for the petitioners refers to Para No.5 of the impugned order wherein the Appellate Court found that the evidence was not relevant for adjudication of the matter. While attacking the said finding, Ld. Counsel for the petitioners submits that by way of additional evidence at the appellate stage petitioners want to produce evidence in form of the certified copy of the judgment and the duty roster to show that the medical evidence ought not have been relied upon to convict the petitioners. He, thus, submits that the evidence proposed to be brought on record can't be said to be irrelevant for the adjudication of the matter in hand. 3. Per contra, Ld. State Counsel submits that the touchstone to test the application filed u/s 391 Cr.P.C. is the relevance of the evidence viz-a-viz dispute in hand and, thus, no fault can be found with the orders passed by the Appellate Court. 4. I have heard counsel for the parties and have gone through the records of the case. 5. Petitioners stand convicted for offences punishable u/s 323, 324, 326, 148, 149, 506 of the IPC. They have been convicted on the basis of medical evidence brought on record. Petitioners, thus, will have the right to controvert, and have the right to breach the veracity of the medical evidence which has been relied upon to order their conviction. 6. Consequently, it cannot be said that the evidence sought to be brought on record is of such nature that is irrelevant warranting dismissal of application u/s 391 Cr.P.C. Resultantly, the impugned order dated 1st of December, 2018 is set aside. Application filed by the petitioners u/s 391 Cr.P.C. is allowed. The petitioners shall be granted two opportunities to lead their evidence. 7. Keeping in view that the appeal is pending since 2013, it is expected that the Appellate Court shall decide the same within six months from the date of receipt of certified copy of this order. 8. The present present petition is allowed.