PAHUJA LAW ACADEMY

Lecture: Sample Judgment

Marshalling of Evidences

 The whole point of marshalling of evidences is grouping of evidences and analyzing

the relevance of such evidences.

 This has to be borne in mind that there is no particular order in which the marshalling of the
evidences have to be done.

 The strongest evidence must be discussed at the first instance.

 If there is any inconsistency then it must be seen if such inconsistency goes to the very root
of the issue.

 Special attention may be given to the following evidences: Medical, direct, dying
declaration, seizure, etc.

 If there is any inconsistency then that inconsistency should be discussed in the judgment as
to why it is relevant and why it isn’t.

 Repetition of evidences should be avoided.

 Specific provisions of the Indian evidence act should be used where it is necessary to point
out of the relevance of any evidence. For e.g., section 6,7, 35, 45, 101, 107, 114, etc.

 While analyzing the evidences as far as possible a practical approach should be adopted
and same should be reflected in the judgment.
 Judgment Writing Criminal Format

In the Court of _____________ Judicial Magistrate First Class __________

Criminal Case no
Date of Institution
State of Madhya Pradesh
Through SHO city Kotwali ______ (MP) __________ Prosecution
Vs
(Name of the Accused),
S/o __________ Age _____
R/o __________
Police station _________(MP) __________ Accused

ADPO for state

(Name of the advocate) Counsel for the Accused

Charge (Against ____________)

I, ____________, (Name of the Judge) Judicial Magistrate First Class, ___________ (Name
and place of the court) charge you _________ (name of the accused) as under:
Firstly, that you on ________ (date) at about _________ (time) (place) did _________ (act) and
caused __________ (injury) to ____________ (name of the victim) and thereby committed an
offence under Section ________ of the Indian Penal Code, 1860, within the cognizance of this
Court.

Secondly, that you ________

Thirdly, That you __________

And I hereby direct you to be tried by this court on the said charges.

Date Sd-
Time Seal of the Court

Plea of the Accused

Accused _______ on charge being read over and explained to him has pleaded not guilty and
claim to be tried.

Sd- Sd-
Accused JMFC
 CHARGE FRAMING

WHY CHARGE FRAMING?

 Principles of Natural Justice

 To afford a reasonable opportunity to the accused to take an effective defense.

 To take the trial to its logical conclusion.

HOW CHARGE FRAMING IS DONE?

 Generally, once the Final Report under section 173(8) is submitted by the police then the charge
framing is done.

 Prosecution reads the charges and states that by virtue of what evidences it intends to prove those
charges.

 Hearing on the charge framing is done where both the prosecution and the accused are given
opportunity to submit their arguments.

 If it appears to the court that there is ground for the court to proceed against the accused i.e. it gives
rise to the presumption that the accused might have committed the offence then the charge(s) shall be
framed.

 Here while deciding by the court on the question of charge framing the concept of 'Beyond
reasonable doubt' is not applicable. Only applicable during Trial.
 Criminal Judgment Writing

Things to remember

1. Based upon application of law.

2. Knowing both procedural as well as the substantive law.

3. Balancing the procedural law with the substantive law.

4. The identification of the issues is most important as it determines the shape of the judgment.

5. Proper segregation of facts for the prosecution as well as the accused should be done before writing
the judgment.

6. Unlike charge framing the witnesses play the most crucial role in the judgment writing.

7. The concept of ‘Beyond reasonable doubt’ is applicable but this should also be borne in mind that
one should not be excessively technical.

8. Role of circumstantial evidences/witnesses should be perused properly.

9. The strength of the judgment is based upon the evaluation and analysis of the witnesses which are
provided and absence of any evidence leads to an adverse presumption.

10. The Order and grouping of evidences/witnesses is important as it decides the length of the
judgment and the time consumed.

11. The flow of the judgments should be logical and it should not create confusion in the mind of the
reader.

12. The conclusion should be clear and categorical as to it should specify in particular terms in case of
conviction as to under which provision he is convicted and the punishment given to the accused for
such conviction.

13. While writing the judgment it should appear that the same is based on practical approach and any
inherent biases should not be evident while writing the same.

14. Extra attention may be given to the points like granting compensation to the victim, accessing
whether the legal injury caused to the victim is such that warrants the payment of the
compensation, whether the accused is liable to get the benefit under the probation, whether the
offence which has been committed is of such a nature that it warrants more punishment, etc.

15. It should be borne in mind that the marks are awarded not only on the basis of the conclusion but
the overall attempt of the question.
 Determinants for Criminal Judgment Writing

S. Facts – Facts-Accused Witnesses Documentary Application

No. Prosecution Evidences Provisions

8
 THE INDIAN EVIDENCE ACT, 1872

Sections Significance
3 Read the definitions of relevant fact, fact in issue, evidence, proved, disproved.
4 Have a crystal clear understanding of this section. It gives the meaning of "may
presume", "shall presume" and "conclusive proof".
You can use this section to make the testimony of an eyewitness directly admissible. It
5 provides a general declaration that evidence may be given to prove or disprove the fact
in issue or relevant fact and no others.
These are the most important sections for the judgment writing. Before proving any
fact, you have to establish as to how that fact is relevant, and then to give evidence to
6 - 55 prove those relevant fact. Try to use these sections in both civil and criminal judgment.
It is comparatively easy to use these sections in a criminal case than civil. But, in order
to write an impressive civil judgment, try to make relevant the fact given in a civil
question, as much as you can.
58 Facts admitted need not be proved. This point has already been discussed in detail.
59 and 60 For the oral evidence, these sections have also been covered comprehensively.
61 - 65 Use this section for the proof of documentary evidence.
65B Most important section to be used in the case of electronic evidence. We have discussed
this topic with the recent case laws.
Documents which are required by the law to be attested can be given in evidence only
68 - 72 when its execution has been proved by calling at least one attesting witness. More
important section in this group is section 68. However, the other section should also be
prepared wisely as they can be useful in particular situation.
74 and 77 These sections to be used when documentary evidence is produced.
79, 80, 85, These are the important sections regarding presumptions as to be documents.
90, 90A
This section provides that in order to prove the terms of a contract grant or other
91 disposition of the property, the document itself should be produced except when
secondary evidence is admissible. This section is generally used to exclude oral
evidence regarding terms of contract etc.
This section excludes the giving of evidence of oral agreement to contradict, vary, add
92 or subtracts from the terms of any document which has been proved under section 91.
The provisos of this section are also very important.
101 to 106
& 109, 110, These are the most important sections and have already been discussed in detail.
111, 113A,
113B, 114
115 and 116 Estoppel witness.
This section can be used in the judgment to show that the person is competent to testify
118 i.e. by writing that he can understand the question put to him and is capable of giving
rational answers.
133 Accomplice evidence
136, Provides a general guideline which should always be kept in mind.
Paragraph I
154 This section is used when the witness turns hostile. See the topic hostile witness
 discussed before.
157 This section is very useful in judgment writing and to be used for corroboration.
158 When the statement relevant under section 32 or 33 is to be proved then this section is
used.
An important section which provides that a judgment should be based on the fact
165 relevant and duly proved. This is the most important guideline in writing judgment. This
has already been discussed with examples in the topic "appreciation of evidence".
 PAHUJA LAW ACADEMY

Subject: Indian Penal Code

Topic Judgments

Defining Key Words Section use in Term of Punishment

Section charge
299 Culpable Homicide
 Act with intention to cause death. 304(I) with Life Imprisonment or
intention either description 10 year
 Causing bodily injury likely to cause + fine
death. 304(II) without With description upto 10
 Knowledge such act likely to cause intention act year, fine or both.
death. 3 year or fine or both upto
7 year or fine or both.
300 Murder
 Culpable Homicide is murder if act 302 Death or life imprisonment
done with intention to cause death. and fine.
 Knowledge likely to cause death.
 Injury inflicted is sufficient in the Act (1) upto 10 year
ordinary course to cause death. (2) Life Imprisonment or
 Act so imminently dangerous to cause Hurt caused upto 10 year
death in all probability.
Exception 1: Grave & Sudden
provocation.
Exception 2: Private defence of person
or property.
Exception 3: Being public servant or
aiding public servant.
Exception 4: Sudden fight without
Premeditation.
Exception 5: Consent to risk. Being 302 (3) Life Imprisonment or
above 10 years  Life convict death
301 Transfer of Malice (Imputation of 302 Death or Life
Knowledge) cause death of: Imprisonment and fine
 Person who’s death neither intended
nor knows.
 Punished as if he cause death of
intended person.
304A Causing death by negligence: 304A E description 2 year or
 Rash & Negligent Act fine or both
Section 80 Accident (exception)
 Accident or misfortune
 W/o criminal intention
 Lawful act  Missing becomes
304A
 Lawful manner
 Lawful means
 Proper care & caution
304B Dowry Death 304B 7 years to Life
 Caused by burns or bodily injury Imprisonment
 Otherwise than in normal
circumstances
 W/1 7 years of marriage
 Shown: Before death subject foeruelty
 Husband or relative of husband.
305 Abetment of suicide of child or insane 305 Death or Life
 Under age 18, declivous, idiot Imprisonment or upto 10
 State of intoxication. years + fine
306 Abetment of suicide 306 Upto 10 years +fine
309 Attempt to suicide 309 1 year or fine or both
310 Thug: Habitually associated 311 Life Imprisonment + fine
 Robbery
 Child stealing
 By means of or accompanied
murder
312 Miscarriage
Causing miscarriage not in good faith 312 3 years or fine or both
# quick with child 312 Upto 1 year + fine
313 Without Consent 313 Life Imprisonment or
# whether quick with child or not either description upto 10
years + fine
314 Death caused in Section 312 314 Upto 10 years + fine
Death caused in Section 313 314 Life Imprisonment or upto
# Knowledge of likely to cause death: 10 years + fine
Not required.
319 HURT 323 1 year or fine 1k or both.
321 Bodily pain, disease or infirmity.
Voluntarily causing hurt: Intention or
Knowledge.
324 Dangerous weapons or means: 324 3 years or fine or both.
 Shooting
 Stabbing
 Cutting
 Or any instruments
# fire, heat, explosive, enimal
327 Hurt to extort property or valuable 327 10 years + fine
security: sufferer
 person interested in
sufferer
334 Voluntarily causing hurt on provocation 334 1 year or 500/- fine or both
320 Grievous Hurt
1. Emasculations
2. Either eye’s sight
3. Rearing of either ear Privation
4. Any member or joint
5. Impairing possess of member or joint
6. Disfiguring face or head
7. Fracture or dislocation of bone or tooth
8. 20 days of bodily pass on unable to do
ordinary pursuits.
322 Voluntarily causing grievous hurt 325 7 years + fine
335 Voluntarily causing grievous hurt or 335 4 year or 2k fine or both
provocation.
326 Dangerous Weapon 326 Life Imprisonment or
either description 10 years
+ fine
339 Wrongful Restraint: 341 Simple Imprisonment 1
 Obstructs any person year or fine 500/- a both
 Proceeding in any direction
 Having right to proceed
Exception: Private land or water: In
good faith, believes right to
obstruct.
340 Wrongful Confinement: 342 Either description
 Restrains any person 1 year or fine 1k or both
 Proceeding beyond certain
circumscribing limit
# 504 Interactional insult to provoke
350 Criminal Force: 352 3 month or fine 500/- or
cause motion both
(1) Uses force (349) change motion
by cessation of
motion.

 Owner bodily power

 Disposing any substance
 Inducing animal to move
(2) In order to commit offence
(3) Such force will cause injury
fear
annoyance
# grave and sudden provocation in
question of fact
351 Gesture intenting to 3 month or fine 500/- or
Assault apprehend 352 both
Preparation that criminal
force is
about to use
# Words are not assault.
354 Outraging Modesty 354 1 year or upto 5 years or
fine or both.
354A Sexual Harrassement 354A 1 year or fine or both
(1) (i) Advances
(ii) Favours
(iii) Showing pornography
(2) (iv) Coloured remarks
354B Assault or criminal force to disrobe 354B More than 3 years upto 7
years + fine
354C Voyeurism 354C 1 year upto 3 years + fine
&
3 years upto 7 years + fine
354D Stalking 354D 3 years + fine &
5 years + fine
359 Kidnapping 363, kidnapping Upto 7 years + fine
360 Kidnapping from India
361 Kidnapping from Lawful Guardian 364, kidnapping + R1 upto 10 years + fine
murder
362 Abductions 364A, kidnap for Death or Life
 rescission Imprisonment + fine

370 Threats 370,Exception (2) 7 years upto 10 year + fine

Using force More than 1 person 10 years upto life
Traffcking by By abduction Exception (3) imprisonment
Fraud Minor (4) 10 years upto life
Abuse of power imprisonment
Inducing or payment. More than 1 14 years upto life
minor (5) imprisonment

Habitual (6) Life imprisonment

Public servant (7) Life imprisonment
375 Rape 375 10 year upto life
imprisonment + fine