RADHEY SHYAM SWAMI Vs. JAGAT SINGH SINGHI

JUDGEMENT

(1.) Heard Mr. Zangpo Sherpa, Learned Counsel for the Revisionist.

(2.) The Applicant/Revisionist prefers the present application under section 391 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for placing additional document on record. The records reveal that this matter has gone through a trial from 01.12006 till 24.06.2008 when the Learned Trial Judge rendered its judgment. The record further reveals that dissatisfied with the order of the Learned Trial Judge the Revisionist preferred a Criminal Appeal No.07/2008 filed on 207.2008. The judgment in Appeal was pronounced by the Appellate Court on 27.06.2015 against the Revisionist. The application under Sec. 391 (Cr.P.C.) filed before this Court on 105.2018 seeks the following prayers:

(3.) Sec. 391 Crimial P.C. 1973 permits the Appellate Court to either take evidence itself or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court by a Court of Session or a Magistrate if the Court thinks "additional evidence to be necessary." Mr. Zangpo Sherpa, Learned Counsel for the Revisionist/Applicant relies upon the judgment of the Supreme Court in re: Ashok Tshering Bhutia Vs. State of Sikkim, (2011) 4 SCC 402 and draws the attention of this Court to paragraph 28 and 29 thereof which is quoted herein below: