RAMKISHUNTANTI ALIAS RAMKRISHNADAS Vs. KUSMI DERI

JUDGEMENT

(1.) Heard counsel for the petitioner and the opposite party.

(2.) This application is directed against the order dated 30th January 1994 by which the Sth Additional Sessions Judge, Begusarai has rejected the prayer of the petitioner for taking further evidence in terms of Section 391 of the Code of Criminal Procedure. The learned Judge seems to be of the view that the power envisaged under Section 391 can be exercised only by the appellate court and not the revisional court. The conclusion of the learned judge is in the teeth of the express provisions of Section 401 read with Section 399 of the Code The provisions of two two sections read together make it amply clear that the High Court's power of revision embraces within its hold and all the power conferred on the court of appeal Including under Section 391 and that the said power of the High Court can be exercised by the Sessions Judge of well under Section 399 The impugned order, in my opinion, therefore, has to be set aside on this ground alone.

(3.) Counsel for the opposite party, however, contended that the learned Judge has gone into the facts and recorded an adverse finding The scope of power conferred under Section 391- has been relinquished by several decisions of the courts including the Supreme Court What the learned Judge was required to do was to consider the matter in the light of the law laid down by the Courts. I am of the opinion that the impugned order is liable to be set aside on this ground as well.