Chapter XXIX of the Code of Criminal Procedure ,
1973 deals with “Appeals”. Section 391 Cr.P.C.
empowers the Appellate Court to take further evidence ... matter of obtaining
additional evidence in terms of Section 391
of the Code of Criminal Procedure. A plain
look at the statutory provisions (Section
391
application filed by the petitioner/accused under Sections
391 and 311 of the Code of Criminal Procedure (in short ' Cr.P.C .')
praying ... matter of obtaining additional evidence in
terms of Section 391 of the Code of Criminal
Procedure. A plain look at the statutory provisions
(Section 391
Section 138 of
Negotiable Instruments Act, whereby an application, filed on behalf of
petitioner/accused under Section 391 of the Code of Criminal Procedure
(herein ... preferred an appeal on 1.11.2018 and on
31.12.2018, an application under Section 391 Cr.P.C. for leading additional
evidence was filed by petitioner, which
Section 138 of Negotiable Instruments Act, whereby an
application, filed on behalf of petitioner/accused under Section 391 of the
Code of Criminal Procedure (herein ... under Section 313 Cr.P.C,
.
but he did not attend the Court on 7.12.2016 and 19.12.2016 and statement
of petitioner under Section 313
Section 138 of Negotiable Instruments Act, whereby an
application, filed on behalf of petitioner/accused under Section 391 of the
Code of Criminal Procedure (herein ... trial Court, was listed for arguments on
3.11.2017, an application under Section 391 Cr.P.C. for leading additional
::: Downloaded on - 29/09/2019
Chapter XXIX of the Code of Criminal
Procedure , 1973 deals with "Appeals". Section 391
Cr.P.C. empowers the Appellate Court to take ... matter of obtaining additional evidence in
terms of Section 391 of the Code of Criminal
Procedure. A plain look at the statutory
provisions ( Section 391
certain documents on record, as given under Section 293
Cr.P.C.
The evidence under Section 391 Cr.P.C. is subject to the
provisions ... unable to accept the argument aforesaid.
The purpose of sub-section (4) of Section 391 Cr.P.C. is
nothing but to allow evidence
legal procedure in setting aside the judgment of
acquittal by partly allowing the appeal, while allowing an application under
Section 391 ... Criminal Appeal No.148 of 2019 (arising out of SLP (Crl.)
No.1120/2017) that the powers under Section 391
Rule 27
of CPC . As this is an application to receive additional
evidence filed under Section 391 of Cr.P.C., it would ... analysis of the
Civil Procedure Code, Section 391 is thus akin to Order
41 Rule 27 of C.P.C ode.”
11. From the aforesaid
whereby 'second application' brought by convict under Section 391 Code of
Criminal Procedure for adducing additional evidence stood allowed by the
Appellate Court ... preferred criminal appeal No.391 of 2015 .
During the pendency of the appeal, the convict moved an application
dated 18.04.2017, under Section 391
