Bare Acts
Justice Jahagirdar & Justice Waikar on Writing Judgment
Mr. Justice M.R. Waikar
Nagpur Bench of Bombay High Court.
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" The judgment is not mere formal document but a reasoned speech, often of considerable length explaining just what are facts, the issues, the rival contentions and the reasons for the result"
R.E. Megarray
"Lawyer and Litigant in England"
Whatever the system of justice, the Court or Tribunal is ultimately called upon to decide the matter before it. In ancient times, when emphasis was on making the culprit confess, or when combate or duels by the rival contending parties were used for assessing the liability (inquisitive), the function of Judge was apparently very light. Even now in countries where trial consists mainly of cross-examining the accused at great length, the task of the Court must not be as onerous as in a system as in our country which is bases on determination of liability on the establishment of facts in an objective manner (accusative) or in other words, where the accused is presumed to be innocent, unless his guilt is proved beyond a reasonable doubt. Discovery of truth, which is the primary duty imposed upon a Judge, under such a system, becomes comparatively more difficult. Again, in the present complex society, when ethical values are dwindling, when ingenuity is employed for the commission of crimes and when evenly balanced evidence, through suborned witnesses, is presented, the discovery of truth seems to tease even an ablest Judge out of his thought. The task of doing justice is exacting for a present Judge, a loan figure moving in search of truth.
Cases of various types, each presenting it's own peculiarities come up for decision and through every Judge or Magistrate must have his own style and a way of expression, affording him a free and full scope for the reflection of his personality, and though no exact instructions can possibly be given as to how he should prepare his judgment, all the same, broad instructions or some guidelines about the requirement of a Judgment or about its format can be given.
Though it is a vital thing for the litigants to know who ultimately wins and who loses, the losing party is also entitled to know why and how he has lost the case. Even he who wins is keen to know how the merit of his case has been recognised and how far he has scored. The final verdict or Judgment, therefore, is required to be a well reasoned out solemn document which must satisfy this natural curiosity of the parties submitting themselves to be judged and governed by the law as administered by the Judge. A finding based upon a process of reasoning, therefore, is the crux and very soul of every judgment. A judgment in a civil or criminal case, broadly speaking and under normal circumstances, consists of the following parts :
i) Introductory. The nature of the case or the charge against the accused;
ii) The admitted or undisputed facts, if any;
iii) The statement of prosecution/plaintiff's case;
iv) Plea or defence of accused/defendant;
v) Points for determination;
vi) Reasons for the findings, i.e. discussion of evidence and other material on record, and;
vii) The result i.e. the operative part.
The opening words of Judgment should show in a few lines the nature of the dispute in civil cases or the offence with which the accused is charged in a criminal case e.g. "The suit is for damages for malicious prosecution" or "for possession of the property fully described in plant para ____", "for mesne profits and injunction" or "The accused is charged for the offence punishable under section ____ for having committed ______
The purpose is to tell anybody reading it at the outset what the case is about. The opening para, thus, should state in the briefest possible way the theme or nature of the dispute that one is called upon to decide.
The second or the next part should refer to the "admitted facts". It is necessary to grasp the distinction between "alleged facts" and "admitted facts". The alleged facts are those which one side puts forward and which are either denied or not admitted by the other side. These are to be proved by the said alleging them. The admitted facts are those which neither side disputes i.e. those facts which are common to both. But only those admitted facts should be stated which are necessary to shows the whole setting of the case. Admitted facts which are insignificant or unimportant or have no material bearing so far as the nature of the dispute is concerned, must be be stated.
In the trial of a civil case, pleadings play an important part. The points of controversy, with the aid of pleadings and other material, are clinched and they are adumbrated in issues, indicating also the division of the burden of proof between the parties. In criminal trial, however, the burden being static which is always on the prosecution, one might say that there could be no admitted facts. To some extent it is so. But at the close of the trial there may appear several facts which are undisputed (if not admitted) i.e. matters like relative position of places and villages, or how the parties or witnesses are related to each other, location of the place where the alleged offence took place, certain facts which the accused in his examination under section 342 of Code of Criminal Procedure has admitted. In a given case, therefore, it may be possible and necessary to state certain facts as undisputed in the judgment of a criminal case. Here, again, as stated above, only those undisputed facts which may be necessary for the proper appreciation of the discussion that is to follow, or which are relevant in the setting of that particular case, only need to be stated. The readers of a Judgment may be compared to the spectators sitting in a theater and just as the outset the title or name of the drama to be staged is announced, so also the opening words of a Judgment should state the nature of the subject matter of dispute.
The third and the forth parts are very important. In civil cases, one should state only these material facts which are alleged by the plaintiff and then state in another para the fact denied by the defendant, including the specific defence raised by him. In other words, those material portions of pleadings which have culminated in formulation of the points of controversy to be resolved (issues) need only be set out. It should not be mere reproduction or idle narration of the plaint and the written statement. If the writing or dictation of the judgment is commenced, without first going through the pleadings (which is the practice often followed by Judges), the narration or the statement is bound to be prolix. In order to achieve brevity, cogency and compactness in the statement of the case, what may be suggested is that having carefully read the pleadings, one should cogitate over them and try to grasp the nature of the dispute, making a note of a certain material averments, the dates or documents referred to therein. Having so grasped all the facts and having a comprehensive view of the entire matter in controversy, the dictation or writing of the judgment, if commences, without any further reference to the original pleadings, the performance is bound to be striking.
Similarly, in a criminal case while stating the prosecution story, very often the Magistrates simply reproduce the various steps taken by the investigating officer during investigation till the filing of the charge-sheet, with the help of his deposition on record. It is absolutely immaterial to know the various dates on which the investigating officer recorded the statements of certain witnesses provided, however, the belated investigation or delay in interrogating a particular witness is a valuable circumstance to be taken into account for the appreciation of evidence. One should avoid, therefore, a mechanical reproduction of all that the investigating officer may have stated while stating the prosecution story. So also, the details of the several injuries as per medical report are often enumerated in the prosecution story and they are again repeated while discussing the question whether the death was homicidal or whether they could be caused by the alleged weapon. All those details in the statement of the case can conveniently be omitted and it is enough to refer the broad fact that injuries on vital part or on such and such part were caused by a particular weapon.
There are cases based on direct evidence (eye witness) and others based on indirect or circumstantial evidence. The statement of prosecution case should indicate the names of the persons who actually eye witnessed the incident and the circumstances under which they happened to be present, since while assessing the guilt of the accused in the latter part of the judgment, the evidence of these persons will have to be thoroughly discussed. In case based on circumstantial evidence, and circumstances including in alleged motive upon which the prosecution relies and which are calculated to form a net work pointing to the guilt of the accused. It should be a simple narration of all relevant material facts or circumstances omitting unnecessary details.
Next comes the stage of formulation of the points for determination (issues). In a civil matter it is merely a reproduction of the issues already framed. How issues should be struck is altogether a different topic for consideration. So far as the criminal cases are concerned, the points to be formulated for discussion to some extent should comprise of facts alleged by the prosecution, the defence raised if any, and the ingredients of the charge levelled against the accused. One should take care that nothing that is material has been overlooked and any possibility of the Judgment being assailed before the Appellate Authority on any such ground should be avoided.
The most important part of the Judgment then is the discussion of each point/issue and pronouncement of a clear positive finding thereon supported or based upon a sound reasoning. A major portion of the judgment, and by far the most important portion of it, must be devoted to the discussion of the evidence adduced by both the parties. One may club together two or more points/issues if they are overlapping or closely interlinked. Against each issue/point formulated, finding in brief should be entered as shown below, which helps a reader in appreciating the discussion of the following paragraphs and at a glance he gets an idea of the entire structure.
ISSUES FINDINGS
1. ------------- ----------- Yes.
2. ------------- ----------- No.
The practice followed by some of the Judges is only to mention the points/issues and without recording the findings, commence discussion under a heading "appreciation of evidence" and then conclude at the end of judgment by saying "for all these reasons, my findings are _____. Issue No. _____ Yes, Issue No. 2 ____ No" and so on. Whenever such a practice is followed, it is often found that the discussion on the vital points is either sketchy or important material is overlooked and omitted from discussion. If each point/issue is taken up separately for discussion, one is, as of necessity, required to cull at one place all the valuable and material evidence touching that point in the discussion and the finding so arrived at naturally becomes a substantial one since all the relevant and material evidence is spot lighted at one place. Therefore, the practice of omnibus or rambling discussion on all the issues/points under such a general heading must be deprecated.
At this stage, it must be emphasised that unless the decision is first reached in your mind, never attempt writing of the judgment. Confused writing of judgment verily connects confused state of mind. On the other hand, any writing which is the outcome of a conviction or a thoughtful cogitation is bound to be precise and unequivocal. It should be worthwhile, therefore, spending more time in thinking out the logical sequence than in actually writing of judgment, also one may attempt not a judgment but something like Rousseau's Recipe for a love letter "to begin without knowing what you are going to say and to leave off without knowing what you have said".
It is again generally found that before commencing the discussion on the points/issues, the pleadings are again narrated or the prosecution story is again retold. Though the relevant part thereof may be recapitulated, if at all necessary, just by way of preface or introduction to the actual discussion, repetition of the pleadings at this stage is uncalled for an it is advisable straightway to take up to the discussion of the evidence to the issues/points.
It is again not necessary (which is also the practice in vogue) to preface the discussion first by stating that the prosecution or parties, each examined so many witnesses in the case, giving details thereof, and to refer to all the documentary evidence that is on record. The judgment need not be burdened with all this unnecessary material since a reference to the relevant witness, documents and to all the others material on the point under discussion would be inevitable in the discussion.
A reference to witness is sometime made by names and sometime by numbers, which is as confusing as it is annoying. The desirable course, therefore, would be to refer them as far as possible by names and to mention the numbers in bracket, e.g. Gopal (P.W. 1). Documents should be referred to by the exhibit number e.g. seizure memo (Exh. 1) or sale deed (Exh. 4). The property or muddemal in criminal cases should be referred to by their article numbers e.g. axe (Art 2) or handkerchief (Art 3). Thus, there should be some method or consistency while referring to the witnesses, documents and the articles. So also the reference to reported decisions or precedents should be made by names of the parties volumes and the page e.g. Public Prosecutor V/s L.C. Lingiah ( A.I.R. 1954 Madras 433).
Now, what is expected in the discussion part is proper marshelling of the evidence. The method of giving a bald summary of what each witness said and extracting portions after portions from their depositions cannot be too strongly condemned. However, quoting a portion of the relevant matter of a document or extracting a portion from the deposition of a witness may be resorted to for emphasis or to bring about the required effect in the course of discussion. The discussion part of the judgment generally should be dominated not by mere narration of deposition of each and every witness, but by marshalling of evidence. Marshalling means grouping the evidence to a particular point. Suppose, for example, three witnesses A, B, C depose on some point, but the version of C defers from the version of A and B on some particulars. The witness X and Y have another diverse version against the version of the above three witnesses. The evidence of X and Y inter-se is sharply conflicting. The other witness Z says that X was not present there at all. In marshalling this sort of evidence it may be possible to say that the versions of X and Y is not acceptable as it is inter-se contradictory and further the presence of X is much in doubt. The uncorroborated version of Y again can not be relied upon. On the other hand, the evidence of A, B and C is substantially uniform except that C does not agree on minor points. Version of A and B is modified by C on such point is, therefore, accepted. This is just to illustrate how the evidence should be marshalled. It should be not merely be paraphrased and reproduced. A proper assessment of all the relevant evidence and process of reasoning of Judge's mind is what is expected by a reader. The whole evidence, so to speak, should be agreed out and widely surveyed and not produced piecemeal. A reference to irrelevant or unnecessary evidence which is of no assistance for the determination of the point under discussion should be avoided. The conclusion must be based on the cumulative effect of all the material and relevant evidence and having weighed all probabilities a judicial mind must echo: "I may be wrong, but I have no doubts".
The basic or cardinal difference between trial of a criminal case on one hand and the civil case on the other is that the burden in a criminal case generally remains static from beginning to end and it remains on the prosecution, while in a civil case, it may be one sided, may be divided or may be shifting from one side to other as the trial proceeds and it is obviously because both the parties are required to unfold their respective versions on the points in controversy through their pleadings. This burden of proof accordingly oscillates from one side to the another and it is at time very interesting to watch this movement or oscillation, just as we see ripples in river proceeding and receding, at times overlapping and mingling. As a matter of fact, when in a civil suit both the parties have led evidence, the question of burden of proof loses all importance.
The prosecution, in a criminal case, has to prove the guilt of the accused beyond reasonable doubt. It is difficult to define the expression "reasonable doubt". All that can be said is that it cannotes that degree of doubt which would prevent a reasonable and just man from coming to a conclusion of guilt. In the words of Musmanno "when the reason, like a bird flying over the see looks in vain for a substantial object on which to rest and fold its wings of perplexity, it can be said that the mind is in a state of reasonable doubt". In the trial of civil case, however, the matters are decided by preponderance of evidence.
Now, the evidence may be defined very simply as "the means by which facts are proved". Facts may be proved by the "real evidence" and by "testimonial evidence". Real evidence is that which speaks for itself e.g. a blood stained shirt or a bullet taken out of a dead body or finger or foot prints found near the scene of offence. In a sense, it is a "demonstrable evidence". Such a real evidence ought to be properly authenticated before it can be safely accepted or acted upon. Testimonial evidence, on the other hand, emanates from spoken words of witnesses from the witness stand or from the words reduced to writing. These two types of evidence, real and testimonial, may be used to prove the facts directly or to prove them indirectly or circumstantially.
What is legal proof is epitomised in the definition of the word "proved" in section 3 of the Indian Evidence Act, which says : "A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers it's existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists". The belief of a judge as regards the existence of otherwise of any fact is inspired by the credibility of a witness. Credibility in a trial, therefore, is like a compass to a ship and it does not depend upon the number of witnesses examined. As is often said, the witnesses are weighed and not numbered. In deciding the credibility of a witness, three important points to be ascertained are (i) whether they have means of gaining correct information information, (ii) whether they have any interest in concealing the truth and (iii) whether they agree in their testimony on material points.
At times the evidence, though seemingly credible, may be conflicting or evenly balanced, and in such a situation it has to be judged in the light of the probabilities, principles of human action and admitted facts. The version of story, that fits in or dose tallies with the admitted circumstances and the resulting probabilities in such a situation, is acceptable to prudent mind, despite the volume of evidence to the contrary appraisement of evidence is after all a question of fact and as such it is not possible to import any inflexibility. Suffice it to say that in considering whether a fact is proved or not, the Court must primarily consider whether there is a requisite degree of probability of the fact having existed on a consideration of various matters properly brought before it and on an overall considerable of the facts and circumstances of individual cases without overstraining the need for accuracy in the statement of witnesses. The Court must adopt a whole and a complete view and not a piecemeal or a fragmentary view. To borrow the phrase from Sophocles "who must see things steadily and see them as a whole". There are cases based on circumstantial evidence alone and it has been demonstrated in my raids of cases that circumstantial evidence can be as revealing under certain conditions as testimony of eye-witnesses. It is well worn truism that Courts do not discourse only through the tongue of a man. The essentials of circumstantial evidence to prove any offence thus are :-
i) Irrefutable circumstances i.e. the circumstances of conclusive nature and tendency must be established from which conclusions are to be drawn.
ii) All facts must be consistent with the hypothesis of the guilt of the accused.
iii) The circumstances should lead to moral certainly, exclude every hypothesis but the one proposed to be proved.
It is well settled that the cumulative effect of all the circumstances must be such as to negativate the innocence of the accused and to bring an offence home to him beyond a reasonable doubt what is known as the cumulative effect of a plurality of circumstance has been so very aptly expressed by Wills in these words, "The effect of all body of circumstantial evidence is somewhat compared to that of a chain but the metaphor is inaccurate since the weakest part of a chain is also it's strongest, such evidence is more to be compared to a rope made up of many strands twisted together. The rope has strength more that sufficient to bear the stress laid upon it, though no one of the filaments of which it is composed would be sufficient for that purpose.
Direct evidence may suffer from infirmity of testimony. Likewise, circumstantial evidence is prone to suffer not only from this infirmity but also from infirmity of inference drawn by a Judge. In believing or disbelieving the evidence and in drawing inference, a Judge, therefore, has to act on his reason in conformity with his knowledge, observations and wordly experience.
It is not possible in this short note to cover various aspects of evidence which may arise for consideration but a brief reference to some of the well known propositions may be made. The testimony of a solitary witness may be legally however the circumstance of a particular case necessitate corroboration to the same. (Amarchand Vs. State of Rajasthan, A.I.R. 1962 S.C. 424). Though a conviction of an accused on the testimony of an accomplice can not be said to be illegal, yet the Court will as matter of practice, not accept the evidence of such a witness, without corroboration on material particulars and qua each accused (Bhima Doulu Patil Vs. State of Maharashtra A.I.R 1953 S.C. 599) and (Kanbi Karsan VS. State of Gujrat A.I.R. 1966 S.C. 821). A retracted confession may form the legal basis of a conviction if the Court is satisfied that it was true and voluntarily made (Pyarelal Bhargav Vs. State of Rajasthan A.I.R. 1953 S.C. 1094). The confession of a co-accused can not be treated as a substantive evidence and can only be pressed into service when the Court is inclined to accept the other evidence and feels the necessity of seeking for an assurance in support of it's conclusions deducible from the said evidence (Haricharan Kurma Vs. State of Bihar A.I.R. 1964 S.C. 1184).
It is fallacious to treat the fact discovered within the meaning of section 27 of the Evidence Act as equivalent to the object produced. The fact discovered embraces the place from which the object is produced and the knowledge of the accused is to this and the information given must relate distinctly to that fact. Information from the accused to the effect, "I will produce a knife concealed in the roof of my house" does not lead to the discovery of the knife. Knives were discovered many years ago. It leads to the discovery of the fact that the knife is concealed in the house of the informant to his knowledge and if the knife is proved to have been used in the commissions of the offence the fact discovered is very relevant. But if to the statement the words added are "with which I stabbed "A" these words are inadmissible since they do not relate to the discovery of the knife in the house of the informant (Pulukur Kotayya Vs Emperor A.I.R. 1947 P.C. 67).
In civil matter no amount of evidence shall be looked into upon any matter that was required to be pleaded or the evidence which is at variance with pleadings (Siddik Vs Mt. Saran A.I.R. 1930 P.C. 57), (Nagubai Vs B. Shama rao A.I.R. 1958 S.C. 553), (Revakishanrao Vs Murlidhar A.I.R. 1957 S.C. 133) and (Firm Gaurilal Vs Firm Joint Hindu Family Ajab Sing A.I.R. 1950 Punjab 62). In India the principle "Falsus in uno, falsus in ominibus" has long been exploded. Where truth is seen mixed up with falsehood, the question is one of degree and the stuff has to be rejected if truth is hopelessly mixed up with falsehood. The Courts have to draw a line at the stage where the admixture of falsehood is such as entirely to change the aspect of the case. Not being endowed like the legendary swan with the capacity of extracting drops of milk from a pot of water, the Courts have necessarily to reject the whole evidence where the false additions are overwhelmingly large (Ramlal Vs State A.I.R.1958 M.P. 380). Merely because a witness is permitted to be cross-examined by the party calling it, his entire testimony can not be thrown over board. Either party may rely upon the evidence and the Court can come to it's own conclusion after consideration of the whole of his evidence. His whole evidence so far as it affects both the parties, favourably or unfavourably, must be considered for what it is worth.
Now, a point that is obvious need not be laboured. So also copious citation of a case law on an obvious point also must be avoided. One should first ascertain facts with accuracy before turning to the authorities. In fact, no decision can cut down the express or clear words used by the section and decision is only an authority for what it actually decides and there can hardly be any precedent on question of fact or matter of discretion. Thus, the facts are the foundation of the entire structure and the precedents can not, without safety, be used with reference to the facts. Whenever any genuine question of law comes up for consideration, it is however, the duty of the Presiding Officer to ascertain and follow the latest pronouncements of the Supreme Court or the High Courts.
Again, Judgment must be broken-up into paragraphs of reasonable length. Length of a paragraph ordinarily should not exceed 3/4th of the page. Repetition, diffuseness and prolixity should be avoided and one should try to be as brief as possible. Brevity is a virtue and like all virtues it is a difficult thing to achieve, and it is more so, when it is attempted in a foreign language. But brevity should not be confused with obscurity. At the end of the judgment, or in the operative part, the result of the decision should be expressed in clear and understandable language. It is always advisable to read the relevant section of the Penal Law before passing any sentence of conviction.
IN APPEAL
In the judgment of the first appeals, the reader should first be introduced in the opening paragraph as briefly as possible to the circumstance which has given rise to it, e.g. (a) "This appeal has been filed by the unsuccessful plaintiff against the dismissal of his suit for ___ or (b) "The appeal is directed against the decree for ___ passed against the appellant" or (c) "Having been convicted of the offence punishable under section ___ and sentenced to undergo ____ the present appellant has filed the appeal". At times, the appeal may involve a single question of fact or law and the point may be indicated at the outset by saying "The only point involved for decision in this appeal is ____"
Next, the facts which have give rise to the appeal have to be stated as precisely as possible. There may be cases when the entire controversy as before the trial may arise for consideration in appeal where it may be necessary to describe all the facts. There may be cases involving only a few points for consideration, the rest having been concluded by the findings of the Trial Court and no longer questioned. In such a case, it may be sufficient to mention such facts and the question of law as might be necessary for the disposal of the appeal. It would depend on the nature of each case as to which facts need to be reproduced in the judgment. The statement of facts should be in simple narrative form, without each sentence being prefaced by the expression "It was further alleged by the prosecution / plaintiff". It should then be stated in separate paragraph what points are concluded by the findings of the Trial Court and not challenged.
The next part of the judgment consists of the points that arise for consideration. They may either be enumerated at one place or each point one by one be taken up, discussed and decided. If they are enumerated at one place, it facilitates the Second Appellate Court to find out at a glance the question of fact and of law.
The main body of the judgment must consist of the full discussion of the evidence on each point also indicating what points were stressed during arguments. Even while affirming the judgment of the Trial Court on any point, the judgment must indicate application of mind by the Court and the reappraisal of evidence on record, though it may not be necessary to repeat all that has been stated by the Trial Court. The practice of extracting portions after portions from the judgment of the Trial Court and to conclude simply by adding "I am in full agreement with what has been stated and find that the matter has been rightly decided" must be deprecated. The appellate judgment must be self-contained and must impress the reader that the Judge has applied his mind intelligently and carefully to all the evidence and to the arguments advanced. Since the findings on question of fact recorded by the first appellant Court are generally final, it is obligatory that clear and categorical findings must be recorded whether of affirmation or reversal. Even when the appeals, criminal or civil, are summarily dismissed under section 421 Cr. P. Code or Order 41 Rule 11 C.P. Code, the Court must give brief reasons in the judgment so as to enable the Second Court of appeal to form some opinion about the correctness or otherwise of the judgment. Though Appellate Court need not write an elaborate judgment in such a case, all the same, it should signify briefly and clearly what points were stressed and how they have been disposed of.
Though the Appellate Judges have right to comment on lower Courts and their judgments, there are comments and comments. Men are not all of standard mental hue and an infallible Judge is yet to be born. Difference of opinion is bound to exist, so long as there is diversity in human minds and what guarantee therefore is there that the view of the Trial Court must be wrong and that of the Appellate Court always correct. The Appellate Court may be dogmatic and fearless in its expression, but its comments must give light and wisdom to the lower Court and not humiliate it. The function of an Appellate Court is to guide the lower Court by giving benefit of its experience and knowledge and the comments should invoke in the mind of the lower Court not a feeling of bitterness, frustration or dejection, but a sense of gratitude and respect for the Appellate Court.
Lastly, needlessly violent language and abusive generalisation against police or any class of people should be avoided. No doubt wickedness, trickery, or unfairness on the part of any party or witness should rightly be commented upon and criticised, but then what should linger on in the mind of a reader must be, not the edge of such expressions but the judicial poise and equanimity of a Judge.
" THE JUDGMENT "_______________________________________________
MR. JUSTICE R.A. JAHAGIRDAR,
BOMBAY.
The title of my talk this evening may give some the impression that it is about a book published recently dealing with a controversial political subject. I am a Judge addressing Judges and naturally a controversial political topic cannot be the subject of my talk and it is not. The title of Kuldip Nayyar's book is not in fact original. Frank Kafka, the famous Czech writer, wrote a story of that name in 1916. That story bore a title with legal tinge as his another well known novel was given the title of "The Trial".
We are not concerned with the Judgment either in literature or in politics. As Judges we are concerned with Judgments given by the Judges in the course of and as a part of their duties. But the word "Judgment" is not to be found in law and law courts alone. That word is to be found elsewhere also. Indeed that word was used in literature, more ancient than statutes procedural or substantive. Again the word has got several meanings. It sounds majestic but means different things to different people. It after being used in spheres other than of law it has found its way in law, it could not have failed to bring with it some of the connotations it had acquired earlier. It would not, therefore, be out of place to notice what Judgment means or meant elsewhere.
Beginning must be made with the dictionary meaning. Some of the meanings assigned to it in Chamber's Twentieth Century Dictionary are as follows :
"act of judging" "the comparing of ideals to elicit truth" "opinion formed" "a misfortune sent by providence in punishment". The last of these meanings is usually found in religious discourses. "Repentye all men, the day of the Judgment has come". Though the religious basis of this meaning is not the immediate concern of ours, its one sense conveys the magnitude of the concept involved. It means a pronouncement which is final and from which there is no escape; it means the visitation upon a person of punishment for the sins committed by him; it signifies the inexorable end. In this concept you must have noticed the one sided aspect. There is no choice.
Fortunately for us that is not the concept with which we are concerned. The Judgment that is for our concern presupporses two competing views and the acceptance of one as the correct one. The process of comparing at least two different actions or words and deciding which of them is the right one and which is the wrong one is the act of judging. This act of judging is not confined to law courts or to legal sphere. It actually arose in the earliest times in the field of morals or ethics. This is how you will find that word used in the Bible on several occasions. In the old Testament in the book "Psalma" the words "Judges and Judgment" have been used eighty times. There it is concerned with ethics. There are in every day life situations where men are called upon to form Judgment without being concerned with ethics or law. Whenever a fielder takes a difficult catch or throws the ball from a long distance directly on the stumps, we exclaim "What a Judgment". By this we mean he has made the correct decision or the process of taking the action and reached the correct end. This he did in a difficult situation within a second or split second. Fortunately for us, Judges of law, we don't have to be so smart.
Let me give you another example which illustrates the meaning of "Judgment". You must have all heard the saying. "A Danial come to Judgment." The origin of this saying is to be found in a story in the Apocryphal Book of Sassannah. Sasannah was the wife of a merchant and two persons accused her of infidelity which the stoutly denied. She had almost been condemmed when Danial come forward to test the veracity of the accusation. The two accusers were separately examined by Danial. He put to each questions, answer to which showed that he had not seen what he claimed to have seen. The account given by one did not agree with the account given by the other though both of them had insisted that they together had seen Sansannah with her lover. Danial demonstrated that both of them were liars and saved the honour of a woman whose character was spotless. That shows the act or process of judgment. Incidentally this was the first time in history that the technique of cross-examination was employed and the rule seeking corroboration was followed.
So far, I have been dealing with the mental and intellectual process of judgment. I have yet to come to the judgment all of you have in mind. The judgment you have in mind is of course the written judgment which disposes of a case before you. I have deliberately refrained from starting with the subject of written judgment, because the written judgment is the end and not the beginning. As has been said in "Alice in Wonderland" you must begin with the beginning and go on till the end and then stop.
Broadly speaking judgment means two things- the act of judging and the written record of that act. You are naturally concerned with the latter because by that you are judged. A judge is judged by this judgment. A good judge gives a good judgment. A bad judgment shows a bad judge. What is a good judgment ? That is a good judgment which truly and faithfully reflects in words the act of judging made by the judge in his mind. The judgment we have to deliver is not a single act; it is a process of reasoning or ratiocination. After hearing both the sides in a case, you cannot just lean back in your chair and say "the suit is decreed" "the accused is acquitted." That may be the end of the conclusion of your judgment but that is not the judgment which I have explained. A judgment no doubt always ends in an order. That order must always be a judge's order and not a General's order. In order that an order should be a judge's order it must be preceded by a considered judgment. I am stressing this fact because it is not always borne in mind by all the judges. Recently the Nagpur Bench was considering a judgment of a court below. The judgment had summarised the evidence of both the sides and then ended by saying that side "A" was correct. No reasons were given, no comparative analysis of the evidence was made. The High Court had naturally to send down case directing the subordinate judge to write the judgment properly. In other words, the judgment must reflect the search made by the judge for the truth between two conflicting versions.
It must show the process by which the particular opinion was formed. Unless this is done the parties will not be able to know why a particular order was passed and another order, which according to one at least of the parties would have been a correct one, was not passed. It is the right of the parties to know the reasons that weighed with the judge and, therefore, it is the duty of the judge to disclose those reasons.
Now I should come to the act of writing the judgment as distinguished from the act of judging . This is of great importance to you because you judgments are subjected to appeals. So apart from the parties to the dispute there are other people who will be examining your judgments. In order to enable you to discharge your functions properly the procedural laws provide some guidance.
Order 20 of the Code of Civil Procedure deals with the question of judgment. The word "Judgment" has been defined in S.2(9) as a statement given by the judge, the grounds of a decree or order. Rules 4 and 5 of order 20 tell you what the judgment should contain. In the Code of Criminal Procedure, 1973, the word judgment has not been defined but Chapter XXVII contains provisions like Order 20 of the Code of Civil Procedure, relating to judgment. But these provisions are the bare guidelines. They do not instruct us in the art of writing the judgment. And that gives me the excuse for this talk.
In the hierarchy of your Courts, judgments are delivered by trial courts and appellate courts. Again there are judgments in civil matters and judgments in criminal matters. What I have said earlier regarding the act of judging applies to all these matters. What can be said about the craft of judgment writing in case of trial court's judgments will be slightly different from what can be said about appellate judgments, since you are concerned with trial court's judgments, I will confine my observations to them though many of those observations will apply equally to appellate courts judgments.
Bearing in mind that judgment must effect the act of judging and the process of comparing conflicting views and the evidence. We may now have a look at the proceedings in a civil suit. The starting point in civil proceedings is of course the pleadings - the plaint and the written statement. They are not always drafted with meticulous care or strictly in accordance with the provisions of Orders 6 to 8 of the Code of Civil Procedure . You have to summarise them at the beginning of the judgment. While doing so you have to weed out the surplusage but at the same time faithfully and accurately set out the averments and highlight the points of controversy between the parties. The importance of properly narrating the contents of the pleadings has not always been appreciated. You are aware that pleadings lead to issues which are framed before the commencement of the trial. On issues so framed alone evidence can be led. If you have not properly and correctly summarised the pleadings, it will give rise to certain arguments at the appellate stage. Many a times it so happens that an issue is framed correctly on the basis of the pleadings but does not appear to be so if one refers to the summary of the pleadings given in the judgment. Grievance is made in the appeal Court, at least at the admission stage, that an issue which was not warranted by the pleadings has been framed. A good judgment should not give cause for such a grievance.
After the summary of the pleadings and the setting forth of the issues, comes the stage of summarising of the evidence and its appreciation. Evidence consists of oral evidence and documentary evidence. Here again an attempt at precision in summarising must be made. It is not uncommon to find recital of the entire evidence in the judgment. It shows a lazy mind, a mind which is unable or unwilling to exert. A proper summary of the evidence will display an organised mind besides making the judgment more artistic. In the case of documentary evidence the temptation to reproduce the contents to show off that one has read the entire document is irresistible. You are a good judge if you have not succumbed for this temptation. In some cases it may become imperative that a major portion of or even the entire document should be incorporated in the judgment for enabling the appeal court to appreciate the true significance of the document. Some times it will be enough if only a small part of the document is extracted and the summary of the rest is given. What should be the proper course will entirely depend upon the nature of the document and the extent of its relevance. How you will do it will depend upon your individual skill.
Then comes the appreciation of evidence which, in my opinion, is the very soul of a judgment and which is entirely dependent upon your individual personality. There are no rules on how to appreciate the evidence. All the judgments of the Supreme Court and the High Courts will not tell you the lines on which you should proceed in this task. Your commonsense, your knowledge of the world and worldly affairs, your perceptive and receptive powers, your gumption and other factors will determine the manner in which you will appreciate the evidence. Should you believe this witness or not ? What do the recitals in a particular document really mean? Does the material before the court really indicate that the landlord bonafide and reasonably required the suit premises ? Was the testator fully aware of the contents of the will ? Answers to these and thousands of other questions you will have to decide will not be found in any book. A man's life as a judge is not divorced from his other life as a member of the society and the family where he is constantly imbibing the experience of the world around him. I would strongly urge upon you to keep your eyes and ears open but your mouth shut wherever you go. A civil Judge is transferred from place to place. He should take the opportunity of studying in every place the local conditions, its geography and history, the habits of the people, the flora and fauna of the area, the culture etc. A local library will provide you with the necessary literature. The knowledge thus acquired will help you in appreciating the evidence more maturely. It will of course enrich your personality. This is one of the benefits of judicial service especially in your days when the mind is still plastic and is able to absorb new idea and knowledge.
In the process of appreciating the evidence the act of judging is involved to the maximum extent. At the end of the process come the conclusions or answers to the issues in the suit. State the conclusions firmly and in unambiguous words. It is needless to say that appreciation of each witness and examination of each document or connected documents should be written in separate paragraph the end of which should contain the conclusion. Do not push the conclusions or answers some where in the middle of the paragraph. In a case involving large evidence and requiring lengthy judgment it would be helpful to all, including the judge himself, if the conclusions are again summarised in a separate paragraph towards the end of the judgment.
The judgment is closed with an operative part -namely the order. Few have recognised the importance of precision in the order. It is the final order on the basis of which a decree is drafted by the Court Officer concerned and it is the decree which finally disposes of the rights and liabilities of the parties in the suit. Examples are not wanting where an order expressed in too precise language has provided the starting point of fresh litigation. A little extra thought will not fail to lead one to write the correct order. It is no doubt true that when the decree is preapred, the plaint is annexed to it. It is also true that a judgment is always available to see what the decree means. But the fact that an order is to be written at the end of the judgment shows the necessity of writing precisely an order which should, without extraneous aid, be explanatory. I would strongly urge upon you not to ignore or belittle this part of the judgment.
Now I must turn to some other aspects of the Judgment. A judge is in a protected position. As far as his court is concerned, he is the final authority. He has the power to say what he likes in the judgment. He is invested with the right to criticise the witnesses. But this power and this right carry with them an obligation to display not only judicial decorum in the Court room but also restraint in the language of the judgment. Free use of the words such as liars and dishonest while describing the witnesses is wholly undesirable. English language in which our judgments are written is so flexible that it enables us to show a witness to be a liar without calling him so. "This witness does not inspire confidence" "There are so many inconsistencies in his testimony that it is not possible to act upon it". "Tested by other acceptable evidence the testimony of this witness does not commend itself to me". These and many other such expressions are equally effective where you want to disbelieve a witness. In this connection I can not do better than to refer you to a judgment of the Supreme Court in Ishwari Prasad V. Mohamad Isa, A.I.R. 1963 S.C. 1728. Please read the judgment carefully. It not only describes the role of a Judge but also instructs on how the witnesses are to be dealt with. In my humble opinion it is also a fine example of appreciation of both documentary and oral evidence.
A matter of equal or even greater importance is the way you deal with the arguments addressed to you. Our judicial system has adopted what is called the adversary system. Each party is represented by an advocate who with all his forensic skill tries to persuade the judge that justice lies on his client's side. Between the conflicting claims a judge has to find out the truth to the best of his ability. In the process, a judge is bound to make mistakes some times. An infallible judge is yet to be born. Therefore, the possibility of making mistakes should never unnerve a judge. You must make a threadbare discussion of the arguments advanced before you. It is not only your duty but your right to take the maximum assistance from the bar. This mutual dependence between the Bar and the Bench builds a strong Bar and a sound Judiciary. All the arguments advanced must be fully discussed without any attempt to skirt the arguments with which you may not agree. A party will not feel that he is heard unless his view point has been taken note of. A good judgment should give satisfaction even to the losing party. This may be an ideal not easily or frequently achieved but there is no reason why an attempt in that direction should not be made. A judgment that does not do justice to the arguments fails to that extent to do justice to that case. It may even be vulnerable in appeal.
I must now pass on to the question of language. Language it has been said, is the close-fitting garment of thought. That only means that the words you use must convey what you intend to convey. Apart from this I am also of the opinion that the language of the judgment must have a beauty and a style. Unfortunately, or fortunately our judgments will continue to be delivered in English, a language in which we may not be very proficient. But that will not be an excuse for writing clumsy judgments. One has to make the best possible efforts to use as elegant a language as possible. For this purpose one has to study not only legal literature but other literature also. Is it too much to expect an educated man to read at lest one non-professional book once in a month ? I can tell you very few people at any level do this. Besides, I have come across several judgments containing violations of elementary rules of grammar. A book on good English and a Book of English Grammar are not out of place on a Judge's study table. Each one of us unconsciously fall a prey to the use of cliches and certain peculiar expressions of our own. Recently I came across several judgments of one District Judge who was persistently using the phrase "It appears". In one judgment I found that phrase repeated 12 times one one page alone. Another District Judge was using " I personally think" at least once in every paragraph. One must review one's own past judgments now and then and find out the errors committed and learn lessons for the future.
A colleague of mine is of the view that a judgment should be written in such a language that it will be understood by the parties. I am not sure whether parties before the Court read the judgments at all. The judgments are meant for the advocates and in my opinion it is not necessary to unduly simplify the language. The judgment will and must reflect the personality and learning of the Judge. You may choose whichever style suits you.
Before I come to the conclusion of this talk I must caution you against some of the factors that are likely to affect the act of judging impartially. Some are internal to the personality such as personal biases and prejudices born out of the class or caste in which one is born. Some are born out of personal experiences. There are factors which are external such as general social prejudices, unsettled conditions, ghastliness of the crime. A Judge who is affected by such factors will fail in his duty as a Judge.
It is common experience that a piece of work which you do with a liking for it is likely to be a piece of art If a man does not like the work he is doing, he is not likely to do it well. Having opted for judicial service willingly, on your own, you must learn to take joy in your work. You will then realise that the work is interesting as well as light. If a Judge looks upon judgeship merely as a paid job (uksdjh) he will be no better than a Hamal on the railway station who for a given amount carries the burden over a given distance. In the year 1971 for the first time in the history of India a person who had started at the lowest rung of the judicial ladder was appointed a Judge of the Supreme Court. It is said that every soldier carries in his kit a Field Marshal's baton. Can it not also be said that every Civil Judge is a potential Supreme Court Judge ?
GENERAL INSTRUCTIONS
In a criminal case, instituted on the police report, full name of the informant should be mentioned only once while giving summary of the case of prosecution. Thereafter he should be referred to as “the informant” whenever the occasion arises to refer the informant. In other cases, the complainant should be referred to as “the complainant” only whenever the occasion arises to refer the complainant.
The parties to the suit, misc. application etc. should be referred to by their original nomenclature in the cause title of the plaint or application, as the case may be, in the entire judgment / order. Even if they are examined as witnesses, their reference should be made in the same manner and not as “the plaintiff Ramchandra (PW 1) or Ramchandra (PW1) etc”.
Reference of the witness (and not that of the parties) should be made with their first names followed by their numbers. e.g. Ramesh (PW 1), Dinesh (PW 2). If a witness happens to be a Medical Officer or other officer / public servant, it is advisable that he should be referred by his surname only followed by his number, e.g. Dr. Pathak (PW 7), Rathod (PW 8). Full names of the witnesses / parties should not be mentioned in the judgment / order unless it is inevitable.
The parties or witnesses should be referred to in the same manner as stated above, and not in different ways, whenever their reference is made during the course of the proceedings and in the judgment as well.
Reference of the proved documents should be with their title followed by exhibit number, e.g. sale deed (Exh.50), will (Exh.53), FIR (Exh.10), seizure panchanama (Exh.11), C.A. Report (Exh.20).
The seized articles should be referred to by their names followed by their articles numbers, e.g. axe (Art.1).
Reference of exhibit number of deposition sheet of the party or that of the witness should be made only once when the same is referred to for the first time. Thereafter the exhibit number of the deposition sheet should not be repeated in the remaining part of the judgment/order.
Reference of the accused, if there is only one accused, should be made as “the accused”. If there are more accused persons, then they should be referred to as “accused No.1”, “accused No.2” etc. and not by their names.
If there is only one party, then that party should be referred to by suffixing article “the”, e.g. the complainant, the informant, the plaintiff, the defendant, the accused etc. If there are more parties, they should be referred to by their numbers without suffixing article “the”, e.g., plaintiff No.2, applicant No.4, defendant No.1 etc.
Each paragraph should be separately numbered. There should not be sub paragraphs like (a), (b), (c) or (i), (ii), (iii) etc.
The length of the paragraph, as far as possible, should not exceed 2/3rd of a page. Each paragraph should contain a distinct topic subject matter of the discussion. A single topic should not be divided into several paragraphs unnecessarily.
After summary of the pleadings of the parties, there should be a concluding sentence referring to the main prayer made by the party, e.g. “Therefore, the applicant claimed maintenance at Rs.1,000/- per month”. OR “The non- applicant prayed for rejection of the application.” etc.
Issues are framed on a particular sheet bearing exhibit number much prior to the stage of delivery of judgment. Therefore, in the introductory sentence of the issues, exhibit number of that sheet should be mentioned,e.g. “The issues framed by my learned predecessor (or by me) at Exh.25 are reproduced below alongwith my findings thereon:-”
The points for determination are framed at the time of delivery of judgment. Therefore, there is no question of referring to any exhibit number in the introducing sentence of points for determination, e.g. “The points for determination alongwith my findings thereon are as under:-”.
All the relief clauses of the operative part of the judgment / order should be given numbers serially, e.g.1, 2, 3, 4 etc. The relief should be stated distinctly and clearly. Normally, for each relief separate clause shall be formulated so as to avoid confusion.
Last Point.
Judgment of acquittal
1. If no incriminating circumstance appeared against the accused, dispense with his statement under section 313 of the Code of Criminal Procedure and accordingly mention it in the last point. If incriminating evidence is available against the accused, then this instruction would not be applicable.
2. Acquit the accused with reference to the specific offences. (See Sec.354(1)(d)).
3. In the exceptional and appropriate cases, consider whether the accused can be awarded compensation under section 250 of the Code for accusation without reasonable cause.
4. In the exceptional and appropriate cases, consider whether it would be expedient in the interest of justice to proceed under section 340 or 344 of the Code, as the case may be, for the offences affecting the administration of justice.
5. If any property is produced before the court, mention with reasons the mode in which the property is to be disposed of. (See Sec.452 of the Code).(Order passed under Section 452 is appealable under Section 454 of the Code)
Operative part of the judgment.
1. The accused is acquitted of the offence/offences punishable under section/sections..................... of the Indian Penal Code. (or any other Special Act) vide section 248 (1)/255(1) of the Code of Criminal Procedure.
2. His bail bonds are cancelled. He is set at liberty.
(If the accused is in jail).
2. The accused be set at liberty forthwith if not required in any other case.
3. After appeal period,
a) The seized stick be destroyed.
b) The seized wrist watch be returned to ..........(Name)....................R/o...........
c) The seized knife be confiscated to the State.
Sd/-
Place ................. Date (Name)
Date ................. Judicial Magistrate First Class
......................
Last Point.
Judgment of conviction
1. Mention whether the accused is convicted for all or any of the offences charged or for any minor offence. If he is liable to be acquitted of some of the offences with which he is charged, mention it accordingly. If there are more accused than one, mention whether all of them or some of them only are liable to be convicted. Mention specifically whether the other accused have been held guilty under the provisions of sections 34, 149, 120B or under the provisions of Chapter V of the Indian Penal Code for being abettors.
2. Mention whether you wish or do not wish to proceed in accordance with the provisions of section 325 of the Code (i.e. the procedure when the Magistrate cannot pass sentence sufficiently severe.) (See sections 248 (2) and 255 (2) of the Code).
3. Mention whether you wish or do not wish to extend the benefit of the Probation of Offenders Act to the accused. (See sections 248 (2) and 255 (2) of the Code).
4. If the accused person could have been dealt with under the provisions of the Probation of Offenders Act but was not proposed to be dealt with accordingly, record the special reasons for not having done so. (See section 361 (a) of the Code, which is a mandatory provision). (See.Ch.VI, para 55(5) Cri.Manual) (Note that as per section 19 of the Probation of Offenders Act, 1958 the provisions of section 360 of the Code have ceased to apply in the State of Maharashtra since the date of enforcement of the said Act. Therefore the question of extending benefit of section 360 of the Code to the convicted person does not arise).
5. (a) If the offence is not punishable with death or imprisonment for life and considering the nature of the offence, age and antecedents of the convicted person, if it is proposed to extend him the benefit of probation, mention specifically whether he is to be released after admonition under section 3 or on probation of good conduct, with or without sureties, or in addition to that whether he is to be directed to remain under supervision of the Probation Officer, under section 4 of the Probation of Offenders Act.
(b) When the convicted person is below 21 years of age, the court shall call for a report from the Probation Officer for the purpose of satisfying itself whether it would not be desirable to deal with him under section 3 or 4 of the Probation of Offenders Act. (See sec.6(2) of the Probation of Offenders Act, which is mandatory).
(c) The accused may be ordered to pay reasonable compensation and costs of the proceeding to the victim of the offence vide section 5 of the Probation of Offenders Act, in case he is extended the benefit of probation.
6. If the convicted person is not given the benefit of probation, hear him on the question of sentence and pass sentence upon him according to law. (See section 248(2) of the Code).
7. Fix the quantum of sentence considering the nature of the offence committed, the circumstances under which it was committed, age and antecedents of the convicted person, the object of passing the sentence, etc. The sentence should not be harsh or excessive and at the same time it should not be meager, inadequate or ridiculous.
8. When sentence less than the minimum prescribed by law is awarded, reasons for awarding a sentence less than the minimum prescribed shall be recorded. (Ch.VI, para 54 Criminal Manual).
9. If the convicted person was detained during pendency of the investigation, inquiry or trial and has been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, mention specifically the dates showing duration of the detention with break-ups, if any, as the period of set off to be given to the convicted person against the sentence of imprisonment as per section 428 of the Code.
10. If the accused is sentenced and if the facts and circumstances of the case so demand, consider the question of awarding compensation to the victim under section 357 of the Code of Criminal Procedure. Fix the amount of adequate compensation considering the financial condition of the convicted person, nature of the offence, the circumstances under which it was committed and the possibility of making good the loss of the victim.
11. In the exceptional and appropriate cases, consider whether it would be expedient in the interest of justice to proceed under section 340 or 344 of the Code, as the case may be, for the offences affecting the administration of justice.
12. If any property is produced before the court, mention with reasons the mode in which the property is to be disposed of. (See Sec.452 of the Code). (Order passed under Section 452 is appealable under Section 454 of the Code)
Operative part of the judgment.
1. The accused is convicted for the offences punishable under sections 380 and 457 of the Indian Penal Code vide section 248(2) of the Code of Criminal Procedure.
2. The accused is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for one month in respect of the offence punishable under section 380 of the Indian Penal Code.
3. The accused is sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for one month in respect of the offence punishable under section 457 of the Indian Penal Code.
4. The substantive sentences shall run concurrently.
5. Set off be granted to the accused from 10-1-2006 to 06-06-2006 vide section 428 of the Code of Criminal Procedure.
6. The seized gold-ring and silver bracelet be returned to ............(Name).......... R/o.............. and the seized iron bar be confiscated to the State after appeal period is over.
(If the accused is on bail)
7. The accused to surrender to his bail bonds.
Sd/-
Place ................. Date
(Name)
Date ................. Judicial Magistrate First Class
......................
Procedure in case the convicted person fails to observe the conditions of the bond.
(Section 9 of the Probation of Offenders Act)
1. (a) On receiving complaint against the convicted person for having committed the breach of the conditions of the bond executed under section 4 of the Act, issue summons to him.
(b) Take him into custody until the case is concluded or release him on bail.
(c) After hearing the convicted person, if it is found that he failed to observe any of the conditions of the bond executed by him; (i) here the failure is for the first time, then, without prejudice to the continuance in force of the bond, impose upon him a penalty not exceeding 50/- rupees. (In default of payment of penalty he may be sentenced for the original offence.)
or
(ii) Sentence him for the original offence after hearing him on the point of sentence;
2. If the convicted person is sentenced after withdrawing the benefit of
probation then pass further order in terms of clause nos.2) to 5) and 7) of the above mentioned order of conviction.
Order
1) The accused Harichandra s/o. Parasram Meshram is convicted for the offence punishable under section 324 of the Indian Penal Code vide Section 248(2) of the Code of Criminal Procedure and is directed to be released under section 4 of the Probation of offenders Act on his entering into a bond in the sum of Rs.5000/- with one surety in the like amount to appear and receive sentence whenever called upon by this Court within a period of one year and in the mean time to keep the peace and be of good behaviour.
2) It is further directed that during the above period of one year, the accused shall be under the supervision of Shri. S.B. Jaipilley, District Probation Officer, Bhandara or any other Officer appointed in his place, on the following conditions:
(a) that, he will present himself within 14 days from the date of this order before the District Probation Officer abovenamed and will produce the copies of the order and the bond executed by him;
(b) that, he will live honestly and peaceably and will endeavour to earn honest livelihood;
(c) that, he will not associate with bad characters or lead dissolute life;
(d) that, he will not commit any offence punishable by any law in force in India.
(e) that, he will abstain from taking intoxicants;
(f) that, he will carry out such directions as may from time to time be given by the Probation Officer for due observance of the conditions mentioned above.
3) The accused is directed to execute a bond in the sum of Rs.5000/- with one surety in the like amount undertaking to abide by the conditions mentioned as above.
4) Copy of the supervision order be furnished to the accused, sureties and the District Probation Officer.
5) The accused is further directed to appear before the District Probation Officer abovenamed on or before 27-2-1991.
6) The bail bonds of the accused are cancelled.
7) The seized knife be confiscated to the State and rest of the property be destroyed after appeal period is over.
8) The accused do pay into the Court, the amount of Rs.500/- within 14 days from today for being paid to the informant Narhari as compensation.
9) The amount of Rs.500/-, if recovered from the accused, be paid to Narhari s/o. Dewaji Meshram, r/o. Chalna, Police Station, Lakhani after appeal period is over.
Sakoli (S.S. Patil)
Judicial Magistrate First Class,
Dated the 13th day of February 1991. Sakoli.
Note ;- Clause nos. 2,3,4 and 5 of the order shall be omitted if the accused is not placed under supervision and is released on his entering into a bond with or without sureties.
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