WRITING JUDGMENT -FLOW CHART

1. Correct Name of the Court, Place and

Presiding Officer.

2. Case Number.

3. Names of the Parties.

In criminal case mention the name of Prosecution as

the State through concerned Police Station.

Mention the names of the Accused, ages and

addresses correctly as on the date of
Judgment.
4. Specify offences tried correctly.

5. Appearances of the counsels for the parties,e.g.learned

APP Mr. _____ and Mr._______ learned counsel
for accused.

6. Title – Judgment (Pronounced on ______)

7. Opening statement of the Judgment. It must give

the idea of the matter dealt by the Court, e.g. the
accused are arraigned for the offences punishable
under sections 326, 323and 504 IPC.
 8. Brief facts
●
Referring the parties – always refer the parties either
by plaintiff or defendant or the accused as the case
may be. Never mention their names in the facts and
further Judgment, as it is apparent on the first page of
the judgment.
●
Informant – Name of the informant needs to be given
by introducing him. At the time of introduction
mention that henceforth he shall be referred to as, “the
informant” for the sake of convenience.
●
Deceased – Introduce the deceased by mentioning his
full name. Thereafter refer him as “the deceased”.
●
Accused – No necessity to mention the name of the
accused in Judgment.
●
Investigation Officer – Mention the designation in short
followed by the name and witness number, e.g. P.I.
Patil (PW-4)
●
Witnesses – Mention the names of the witnesses by
specifying their first name followed by Witness
No.,e.g., Waman (PW-2).
●
Expert Witnesses – Instead of writing the first name
of the Expert his surname be mentioned prefixed by
his occupation, e.g. Dr. Chore (PW-5), Misal
Engineer (PW-6), etc.
●
Documents – Always mention the type of the
document suffixed by Exhibit number, e.g. Sale Deed
(Exh.57), FIR (Exh.12), etc.
●
Using abbreviations is deprecated. Never use short
form unless the same is initially explained.
 FACTS
●
The facts should be stated in precise chronology of
events.
●
Facts should be mentioned briefly and precisely.
Irrelevant facts should be avoided and necessary details
must be incorporated.
●
Introduction of the Informant. (Full Name, Age,
Address ) Thereafter refer him only as, “the informant”
●
Specify the relations of the Informant with the accused
as well as the witnesses examined.
●
Actual incident – Specify place, date and time of
occurrence.
●
Details about the actual incident including the genesis,
actual occurrence, e.g. hurling abuses, scuffles, overt
acts, etc.
●
specify the injuries suffered by each of the injured
persons.
●
Subsequent events after the incident be detailed.
●
FIR – Details about Police Station, date, time, place,
Name of Officer recording FIR, Station Diary
number, Crime number, offences registered against
accused.
●
Referral of the injured to hospital – Name of the
hospital, time of examination, etc.
●
Details in respect of the Investigating Officer, such as
his name, designation, etc.
●
Investigations – Particulars about the investigations
carried out, chronologically by giving the date and
name of the officer who conducted each of such
events, e.g. inquest panchnama – date, time and place
coupled with Exhibit number.
●
Arrest of accused, whether on bail or under trial
prisoner
●
Details in respect of Facts / Articles discovered by the
accused during investigation.
●
Details of the Statements of the Witnesses recorded
by the I.O. during investigation and the statements of
the witnesses recorded u/s. 164 Cr. P.C.
●
Charge – Mention Exhibit number, date, offences and
framed either by your predecessor or yourself.
Mention whether charge was read over and explained
to the accused in vernacular and whether they denied
the same.
●
Details of evidence led by the prosecution – Witness
number, full name, Exhibit and its relevance to the
case of prosecution.
●
Statements of the Accused recorded u/s. 313 Cr. P.C.
with the date on which it was recorded.
●
Details of the evidence, if any, led by the accused.
●
The defence of the accused in brief.
●
Arguments – Who argued the matter – mention about
written notes with Exhibit number, if submitted.
 9. POINTS FOR DETERMINATION
Only mention that “the points for determination
alongwith the findings thereon are as under :-”

It is not necessary to mention the entire charge as the

point for determination.

For example :-

Points : Findings :

1. Does the Prosecution prove that the accused No.

caused grievous hurt to the Informant ?
 10. Reasons
●
When considering all the points together, mention
accordingly. It may be stated that, “as the evidence on
the points being common and interconnected, they are
taken together for consideration”
●
Discuss the arguments in brief.
●
Discuss and marshal evidence – No verbatim
reproduction of depositions.
●
Discussing evidence – Categorize the evidence as that
of eye witnesses, independent witnesses, interested
witnesses, chance witnesses, panch witnesses, experts
and investigating officers, etc.
●
Evaluate the worth and evidenciary value of the
witnesses examined by giving sufficient and
satisfactory reasons for reliance or discarding the
same.
●
Mention the co-relation, relevance of different
evidences with each other, such as corroboration,
consistency, etc.
●
Draw logical and rational inferences after marshaling
the evidence.
●
LAW: Ascertain whether the inferences of facts are
compatible with the ingredients of the offences.
●
Conclusions : Draw definite conclusions on the
basis of the inferences and legal provisions and
mention whether the prosecution succeeded or
failed to establish a particular offence against a
specific accused or not. Then answer the point in
affirmative or negative.
 11. Conviction

Give opportunity of hearing to the accused in the

matter of punishment to be imposed on him by
specifying the offences established against him.
Mention the details of such submissions in the
Judgment.
 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
section 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 section
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).(Note the 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. 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 the 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.
9. 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.
10. 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.

11. 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)
12. Sentencing : Devote a para for sentencing. Give
the reasons for imposing a particular sentence on
the accused. Mention as to why your are inclined to
impose simple or rigourous imprisonment. Also
mention the reasons for a particular period of
imprisonment. Discuss the punishment policy for
reaching such conclusions. Mention about the
relevance of Probation of Offenders Act. Discuss
about your object of sentencing, i.e., deterrance,
retribution, reformation, etc. Give the reasoning for
imposing a particular amount towards fine. Also
discuss the amount which needs to be appropriated
towards compensation from the fine amount.
13. As to Order : Here a summary needs to be given in
respect of your conclusions drawn, disposal of the
Muddemal property, etc.
 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 Rs.
1,000/- in default to suffer rigorous imprisonment for
one month in respect of the offence punishable under
section 457 of 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.

Place ….......... Sd/-

Date
Date ….......... (Name)
Judicial Magistrate First Class
...................
 14. Operative Order
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 canceled. He is set at liberty.
(If the accused is in jail)
3. The accused be set at liberty forthwith if not required
in any other case.
4. 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.

Place …....... sd/-

Date
Date …........ (Name)
Judicial Magistrate First Class
….................