GULZAR SINGH & ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard counsel on both sides. The penultim ate paragraph of the judgment of the High Court shows that during the pendency of the appeal before it the appellants had desired to adduce additional evidence in the form of Annexure D-1 to their Criminal Miscellaneous Application No.2423 of 1991 but the High Court did not permit the same to be produced on the plea that no ground was made out. According to the appellants that document has a direct bearing on the question regarding the possession of the field in which the incident occurred and is of a date subsequent to the trial court judgment. We see no reason why the High Court should not have permitted production of that document for whatever it was worth. It was open to the High Court to place reliance on it or to refuse to place reliance thereon, depending on the probative value to be attached to that document. We are, therefore, of the opinion that the High Court was not right in disposing of the appeal without taking that document into consideration, whatever it's worth. We, therefore, allow this appeal, set aside the_impugned order of the High Court and remand the matter to the High Court for a fresh consideration of the appeal. Having regard to the passage of time, we hope the High Court will be able to dispose of the appea l expeditiously.