S.391 CrPC | Additional Evidence Of Witness Can Be Recorded At Stage Of Death Reference If Needed For Arriving At Just Conclusion: Orissa High Court

The Orissa High Court has recently allowed a petition filed on behalf of nine persons, convicted and sentenced to death by trial Court for murder of three family members on the suspicion of witchcraft, for recording of additional evidence of a prosecution witness at the stage of hearing of death reference by the High Court. The Court placed reliance on a catena of decisions rendered by the High Court as well as the Apex Court wherein it was commonly held that a previous statement made by a witness during the trial continues to be a 'previous statement' as per Section 145 and the accused is entitled to contradict the maker of such statement with his previous statement. The same principle applies to the revisional Court when a party seeks for adducing the additional evidence.” Considering the facts of the case and the precedents, the Court was of the considered view that in the interest of justice and to arrive at the just conclusion of the case, if additional evidence is required to be taken and if such exercise would not cause prejudice to any of the parties, then the appellate Court may direct recording of such evidence. “The right of speedy trial in criminal case which includes disposal of criminal appeal preferred by the accused against conviction is a valuable and important right of the accused, but for the sake of speedy trial, there should not be denial of justice or grave miscarriage of justice.” Accordingly, the Court allowed the interim application and directed the trial Court to record the additional evidence of the said witness.