- (1.) Challenge in this Criminal Revision Petition is to the order dated 11.07.2012 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, vide which the application filed by the petitioner-appellant/accused under Section 391 of the Code of Criminal Procedure during the pendency of the appeal before the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, was dismissed.
(2.) Brief facts of the case are that FIR No. 113 dated 01.10.2005, under Sections 148, 323, 324, 427, 448, 506 read with Section 149 of the Indian Penal Code was registered against the petitioner and his co-accused at Police Station, Buria, District Yamuna Nagar. After trial, the learned trial court vide its judgment dated 19.10.2010, held the petitioner and his co-accused guilty for the offences punishable under Sections 323 read with Section 149; 324 read with Section 149; 452 and 427 read with Section 149 and Section 148 of the Indian Penal Code, and sentenced them to undergo various terms of imprisonment as detailed in the judgment of the trial court.
(3.) The petitioner and his co-accused challenged the judgment of conviction and sentence before the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, by way of an appeal. During the pendency of the said appeal, the petitioner moved an application under Section 391 of the Code of Criminal Procedure for producing the following documents by way of additional evidence:- (i) Certified copy of summoning order dated 13.05.2011 passed by Shri Anubhav Sharma, JMIC, Jagadhri, in complaint case "Abdul Jabbar Versus Subhash etc". (ii) Original agreement to sell dated 10.09.2005 of the house in dispute. (iii) Certified copy of sale deed dated 21.09.2005 of the house in dispute. (iv) Certified copy of assessment register in respect of House No. 113, for the year 1998-99. (v) Certified copy of assessment register for the year 1993-94 regarding the house in dispute. (vi) Certified copy of assessment register for the year 1988-89 regarding the house in dispute. (vii) Copy of ration card of Shamshad Ali of village Mughalawali. (viii) Certified copy of ration card of house No. 29 of Shamshad Ali (ix) Certified copy of birth certificate of Shamim Khan son of Shamshad Ali. (x) Certified copies of school certificates of Adarsh Vidya Mandir, Rampur Kamboyan, of Reena and Rubbi daughters of Shamshad Ali and Amjad son of Shamshad Ali. (xi) Voter list of village Mughalwali of Shamshad son of Azizudeen and Julekha for the year 2004. ;