accused in criminal appeal Nos.7375/2013 invoking Section 391
Cr.P.C., interalia, praying for additional evidence on his behalf ... These applications
were followed by additional identical applications under Section
391 Cr.P.C. submitted "in continuation and furtherance of the
earlier applications
accused in criminal appeal Nos.7375/2013 invoking Section 391
Cr.P.C., interalia, praying for additional evidence on his behalf ... These applications
were followed by additional identical applications under Section
391 Cr.P.C. submitted "in continuation and furtherance of the
earlier applications
accused in criminal appeal Nos.7375/2013 invoking Section 391
Cr.P.C., interalia, praying for additional evidence on his behalf ... These applications
were followed by additional identical applications under Section
391 Cr.P.C. submitted "in continuation and furtherance of the
earlier applications
accused in criminal appeal Nos.7375/2013 invoking Section 391
Cr.P.C., interalia, praying for additional evidence on his behalf ... These applications
were followed by additional identical applications under Section
391 Cr.P.C. submitted "in continuation and furtherance of the
earlier applications
accused in criminal appeal Nos.7375/2013 invoking Section 391
Cr.P.C., interalia, praying for additional evidence on his behalf ... These applications
were followed by additional identical applications under Section
391 Cr.P.C. submitted "in continuation and furtherance of the
earlier applications
accused in criminal appeal Nos.7375/2013 invoking Section 391
Cr.P.C., interalia, praying for additional evidence on his behalf ... These applications
were followed by additional identical applications under Section
391 Cr.P.C. submitted "in continuation and furtherance of the
earlier applications
rejecting the
two applications filed by the appellant under Section
391 Cr.P.C. were challenged.
3. Brief facts of the case, which are necessary ... counsel appearing for
the State of U.P. submits that power under Section
391 Cr.P.C. has to be exercised sparingly
pendency of appeal, the
petitioner filed an application under Section 391 Cr.P.C., seeking
permission to lead some additional evidence. This application was
been ... inadvertently and so prayer has
now been made under Section 391 Cr.P.C. at the appellate stage.
I have heard learned counsel
complainant also filed an application under
Section 391 Cr.P.C. in his appeal seeking to lead additional evidence.
By the common judgment dated ... application filed under Section 391 Cr.P.C. was practically an
application under Section 311 Cr.P.C. and that it amounted to an abuse
section (1) of Section 391
clearly suggest that the application moved under Section
391 of Cr.P.C. should be considered by the Appellate Court ... C.P. Code."
11. From the aforesaid decision, it is clear that the
application filed under Section 391 of Cr.P.C., is akin