KEWAL KRISHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) The order impugned in this petition was passed by the learned Appellate Court on 31/12/2022 dismissing the complainant's application moved under Sec. 391 of the Code of Criminal Procedure (Cr.P.C.) seeking to place and prove on record certain documents by way of additional evidence.

(2.) The petitioner was the complainant in FIR No.448/1998 dtd. 24/8/1998, registered under Ss. 417, 466, 474 and 120-B of the Indian Penal Code at Police Station Una, District Una, H.P. Respondents No.2 and 3 were the accused persons in the said FIR. The FIR eventually resulted in registration of Criminal Case RBT No.79-II-14/03 with Registration No. 10793/2013. The date of institution of the said criminal case was 27/1/2003. Respondents No.2 and 3, the Patwari and Kanungo respectively, were put on trial. Learned Trial Court acquitted the accused persons (respondents No.2 and 3) vide its judgment dtd. 27/8/2015. Respondent No.1-State accepted the verdict. The complainant preferred an appeal against the aforementioned judgment of the learned Trial Court before the learned Appellate Court. The appeal was preferred by him on 20/10/2015. Two years after filing of the appeal, the complainant moved an application under Sec. 391 Cr.P.C. to place and prove on record the following documents by way of additional evidence:-

(3.) I have heard learned counsel for the petitioner (complainant) as well as learned counsel for respondents No.2 and 3 and learned Additional Advocate General for respondent No.1.