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Supreme Court of India · 06/12/2022

LAKHAN SINGH versus AMARJEET SINGH & ANR

[2022] 17 S.C.R. 820 · 2022 INSC 1327

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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

  1. 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

Held

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.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 820.