Summary
A man convicted of murder in Delhi and sentenced to life asked the High Court, in his pending appeal, for leave to lead additional evidence that he was of unsound mind at the time of the incident. The High Court allowed it before hearing the appeal and sent the matter to the trial court to record the evidence. The Supreme Court set that order aside. It noted that his mental condition had already been examined at trial through medical boards and court witnesses, and that the Supreme Court had itself affirmed his fitness to stand trial in 2015. An appellate court should decide on additional evidence under Section 391 CrPC only after hearing the appeal on merits and examining the record. If evidence is needed, it may take it itself after recording reasons. The appeal and the application were restored to the High Court.
Issues
- Whether an appellate court may allow additional evidence under Section 391 CrPC on the accused's plea of unsoundness of mind before hearing the appeal on merits, where evidence on his mental condition was already on record.
Provisions considered
- Section 391, Code of Criminal Procedure, 1973Additional evidence in a criminal appeal is not to be admitted as a matter of course; the decision should follow hearing the appeal on merits and examining the record, with reasons recorded, and the High Court may take the evidence itself. (¶¶ 13, 14)
- Sections 311 and 330, Code of Criminal Procedure, 1973The earlier Section 330 application, which pleaded mental illness at the time of the incident as well as unfitness to stand trial, had been decided on medical-board reports and the evidence of two court witnesses. (¶ 11)
- Section 84, Indian Penal Code, 1860The defence of unsoundness of mind on which the additional evidence was sought was left open for the High Court in the restored appeal. (¶¶ 5, 19)
Held
- Where evidence on the accused's mental condition had been taken at trial, he had himself deposed as DW-2, and this Court had affirmed the trial court's finding in 2015, the High Court erred in permitting further evidence of the same nature without noticing that order or examining the record. (¶¶ 11, 12, 13, 13.1)
- The occasion to decide a prayer for additional evidence in a criminal appeal arises only after the appeal is heard on merits; deciding it without hearing the parties on merits and examining the trial court's reasoning cannot be countenanced, and any further evidence could have been taken by the High Court itself with specific reasons. (¶¶ 13, 14)
Result
Criminal Appeal No. 2191 of 2022 allowed; the Delhi High Court order dated 29.03.2022 in Crl. M.A. No. 1828 of 2020 set aside, and Criminal Appeal No. 453 of 2019 and the application restored for fresh consideration on merits; the interim arrangement continued until the parties' appearance on 10.01.2023, with all merits left open.