PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) 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.