Code of Criminal Procedure, 1973–Sec.391–Penal Code, 1860–Secs. 326/34–While allowing the appeal against conviction, appellate Court passed the order to grant the opportunity to the prosecution for producing the evidence–Trial Court had granted ample opportunities to the prosecution but it did not choose to produce the witnesses–Discretion cannot be used for filling up the lacunas–Held, impugned order of appellate Court is not sustainable and set aside–Matter remanded back to appellate Court for deciding afresh.
