marathiJudgment Writing
Therefore the Judgment must be in a simple language with small sentences, and shall contain the pleadings of both the parties.
It must be kept in mind that Judgment is for a common man who is knocking the doors of court of law. Hence language should not be flowery and ornamental. But that doesn’t mean that one should not use such words, in any way the main purpose of delivery of Judgment should not be defeated. The words and sentences of Judgment must be in such a manner, so that a common man can understand its import. The language of the judgment must be in such a manner, so that a common man shall constrain to think that what Judge has felt about his pleadings while delivering the Judgment. Judgment of Judge not only favours one party who has succeeded, but it administers justice. Someone has truly said that “JUSTICE SHOULD NOT BE ONLY DONE, BUT IT SHOULD APPEARS TO HAVE BEEN DONE”.
In Civil cases both the parties place their respective claims, therefore Judgment shall contain the specific pleas of both the parties. It is not necessary to reproduce the entire plaint and written statement in the Judgment, but it should contain the gist or sum and substances of the plaint and written statement, so as to show that what made the Judge to arrive at the issues. Similarly framing of proper issue is must. Likewise the evidence of witnesses of both the parties must be briefly stated so as to show that what made the Judge to arrive at a particular conclusion.
The final order or operative order of Judgment is most important because the execution proceedings are based on the final order. Therefore one should not forget that each and every line of Judgment is important for a common man.
From examination point of vide, very small set of facts are placed for writing a Judgment and a candidate has to elaborate them, with stretch of his imagination, legal knowledge and of course a simple language. Quoting of sections must be evident as and when required. Similarly compartalisation of Judgment in small paragraphs gives nice look.
Normally a Judgment should be consisting of three parts i.e. (1) Head, (2) Middle and (3) leg. Simply think if one of our body parts is missed then how we will look like, certainly incomplete, same it is the case with Judgment. So just have a look how your Judgment looks like.
i) Duration
ii) Name of Court
iii) Presided over by
Head iv) Number of Suit
v) Name of parties
vi) Name of Counsels
vii) Nature or heading of suit
viii) Title of Judgment & its date of delivery
i) Nature of suit
ii) Plaintiff and his case and claim
iii) Defendant and his defense
Middle iv) Issues and findings
v) Reasons for findings
vi) Conclusion alongwith its reasons
Leg i) Result, cost, decree, date, place, designation
Now if we club all these three parts together your Judgment will look like :
IN THE COURT OF CIVIL JUDGE (JUNIOR DIVISION)
XYZ
(Presided over by PQRS)
Regular Civil Suit No. : ____________ of ____________
Plaintiff : _________________
_________________
-versus-
Defendant : _________________
_________________
.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-
Counsels : i) Adv.___________ for Plaintiff
ii) Adv.____________ for Defendant
.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-
Suit for _______________________________________________________
JUDGMENT
( Delivered on this ______ day of _______ , _________ )
1. This is suit for _______________________________.
2. The case of the plaintiff in brief is as under :
The plaintiff is R/o ___________ and defendant is __________.
( Gist or sum and substances of plaint ) which includes the issuance of legal notice …….. Despite the receipt of legal notice defendant did not pay any heed to it and hence plaintiff was constrained to file this suit with a relief of _____________________.
3. Summons of this case was issued to defendant and defendant appeared through his/her counsel Shri __________ Adv. and filed his/her written statement vide Exh._______, wherein he has denied each and every allegation leveled against him/her by the plaintiff. Defendant in his/her special pleadings submitted that _________ ( Specific pleas ) ________ and further prayed for dismissal of suit with costs or compensatory costs or exemplary costs, ( in case of counter claim _____________ Relief under the counter claim )
4. On the rival contentions of both the parties following Issues are came to be framed vide Exh.______ on ________ and I have recorded my findings thereon with reasons thereto as under :-
Issues Findings
1.
2.
3.
4. What order and decree ? As per final order
R E A S O N S
In order to establish the case the plaintiff has examined in all witnesses, namely P.W.No.1_______ at Exh. _______, P.W.No.2 ______ at Exh. ______, P.W.No.3 ______ at Exh. ______. The defendant in support of his defense examined in all ______ witnesses namely D.W.No.1 _____ at Exh. ______, D.W.No.2 ______ at Exh. _______.
5. After perusing the evidence of both parties, and considering the arguments canvassed by learned counsels for both the parties, it is necessary to elaborate the evidence and decide the issues one by one as follows :-
6. As to Issue No. ___ :-_________ ( Discussion of evidence of witnesses of a party on whom the burden is cast upon, one by one ) Lastly answer to Issue No. ____.
7. -------------------------- Same as above -----------------------------.
8. _______________ Appreciation of Evidence ________________.
9. After going through the evidence of both the parties, I arrived at a conclusion that ______________________________________________ ___________________________________________________________hence I answer Issue No. ___ to ____ in the affirmative / negative .
10. As to Issue No.4 :- In view of the discussion held in the foregoing paras while answering the Issue No.____ to ____ and on the basis of evidence available on record the _____________ has succeeded in the case / miserably failed to establish the case === or === plaintiff has successfully discharged the burden cast upon him / failed to discharge burden and hence I pass following order :-
ORDER
1. Suit is dismissed with cost
OR
Suit is decreed with cost.
2. Directions to plaintiff / defendant ( as per conclusion ).
3. Decree be drawn up accordingly.
4. Pronounced and delivered in open court.
Place
Date ( PQRS )
Civil Judge ( Jr.Dn. )
XYZ.
As stated earlier the leg i.e. operative order is utmost important. Hence the contents or direction to plaintiff / defendant must be proper as per the various types of decrees given under Order 20 R 12 of CPC to Order 20 R 19 of CPC, as per the conclusion.
Similarly in Criminal Cases utmost care is to be taken while writing a judgment. In the criminal cases the aforesaid body parts viz. (1) Head, (2) Middle and (3) Leg ………. are most important and should not be casually taken, whenever and wherever necessary relevant sections must be incorporated.
Now see how the format of Judgment in Criminal case works.
iv) Duration
v) Name of Court
vi) Presided over by
Head iv) Category and number of case
v) Name of parties
vi) Name of Counsels
vii) Nature of offence in case
viii) Title of Judgment & its date of delivery
i) Nature of offence with which accused in prosecuted
ii) Story of prosecution
iii) Charge framed against accused
Middle iv) Evidence of prosecution witnesses
v) Statement of accused
vi) Defense evidence if any
vii) Points for determination
viii) Reasons for findings
ix) Conclusion alongwith its reasons
Leg i) Result, bail bonds, disposal of property, date, place,
Designation.
Now if we club all these three parts together your Judgment will look like :
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
XYZ
( Presided over by PQRS )
Complainant : ___________________________
___________________________
-versus-
Accused : ___________________________
___________________________
.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-
Counsels : i) Shri.___________ A.P.P for State
ii) Adv.____________ for Accused
.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-
Offence punishable u/s _____________________________________________
JUDGMENT
( Delivered on this ______ day of _______ , _________ )
1. Accused _____________ stands prosecuted for the offence punishable u/s _______________ of ___________________.
2. The case of the prosecution in brief as under :-
The case of the prosecution accelerated on the report lodged by complainant namely _________________ on _______________, wherein the complainant has stated that ___________ ( state act of accused ) ___________. Prosecution further submitted that after receipt of report, matter was investigated.__________ the spot and ________(other) panchanama were prepared, the statement of concerned witnesses were recorded as per their say, ( in case of offence against human body _______ the injured / complainant was sent to Medical Hospital for examination and treatment. ----------- after receipt of M.L.C. report ) the offence was registered vide crime no._________ u/s ______________________. After completion of investigation accused was chargesheeted and put for trial before the court.
3. The charge / particulars of the offences u/s _____________ was framed against accused on __________ vide Exh. __________. The same were read over and explained to the accused in vernacular to which he/she/they did not plead guilty and hence claimed to be tried.
4. After recording the evidence of prosecution witness, statement of accused was recorded u/s 313 of Code of Criminal Procedure. As revealed from the way of cross examination of prosecution witnesses and statement of accused recorded u/s 313 of Code of Criminal Procedure, the defense of the accused found to be of total denial. He/she has/have denied each and every allegation leveled against him/her/them. He/she/they have further submitted that ______________ ( state additional material disclosed by accused ).
5. On these facts of the prosecution case following points arise for determination and I have recorded my findings thereon with reasons thereto as under :-
Points Findings
1.
2.
3. Can the accused be said to have
committed an offence punishable u/s
________ of ______________ ?
4. What order ? As per final order.
REASONS
In order to bring home the guilt of the accused the prosecution has examined in all _____ witnesses namely P.W.No.1______ at Exh.______, P.W.No.2______ at Exh.______, and so on. Accused did not enter into the witness box nor examined any other witness in support of his defense. Considering the evidence available on records points are answered one by one as follows :-
6. As to Point No. _____ :- ( Discussion of evidence of prosecution witnesses one by one alongwith cross examination )
7. As to Point No.______ :- --------------- same as above ---------------
8. Appreciation of evidence.
9. Conclusion alongwith its reasons.
10. Conclusion ( if conviction _________ hearing on the point of sentence )
11. After disclosing the accused that I have found him guilty of the offence punishable u/s _______ of __________________, the learned APP, counsel for accused and accused was heard on the point of sentence.
12. Contention of accused _____________________ ( sole earning member, responsibility of family members, leniency be adopted while awarding sentence ).
13. Contention of counsel for accused __________ ( that he is representing a poor family and he is the only earning member of his family, and have responsibility of _______ sons / daughters / old aged parents and if he is sentenced to larger imprisonment his family will face hardship, considering his first offence and situation of his family provisions of Probation of Offenders Act be applied while awarding sentence )
14. Contention of APP __________________.
15. I have given thoughtful consideration to the contentions canvassed by accused, his counsel and learned APP so also the nature and gravity of the offence with which the accused is prosecuted, I am / am not inclined to apply the provisions of Probation of Offenders Act to the accused.
16. ( If inclined _________ and instead of sentencing the accused at once, I hereby released the accused after furnishing bond of Rs. __________ with / or without surety of like amount.
17. ( If not inclined __________ and I feel that the simple imprisonment of _______ years / months and fine of Rs.____________ /- is sufficient to meet the ends of justice and hence I answer the Point No. 3 in the affirmative and with this I proceed to pass the following order :-
ORDER
( In case of acquittal )
1. The accused namely _________________ is hereby acquitted u/s 255(1) of Code of Criminal Procedure ( if the offence is punishable not exceeding two years ) / u/s 248 (1) of Code of Criminal Procedure ( if the offence is punishable more than two years )
2. His bail stands cancelled and his sureties are discharged.
3. Muddemal property bearing no. _________ in respect of _____________ being worthless be destroyed after the period of appeal is over / ( in case of weapon ----------- be sent to collector for its disposal according to law after the period of appeal is over ) / ( in case of other article which are worth ------------- be auctioned and sale proceeds be credited to Government after the period of appeal is over ) / ( in case of cash ---------- be forfeited to the Government after the period of appeal is over ) / be returned to the registered owner after due verification. ( in case if property is already released on suprutnama then ----------- suprutnama stands cancelled.
4. Pronounced, dictated and delivered in open court.
( In case of Conviction )
1. The accused namely _______________ is hereby convicted u/s 255(2) of Code of Criminal Procedure ( if the offence is punishable not exceeding two years ) / u/s 248 (2) of Code of Criminal Procedure ( if the offence is punishable more than two years ) for the offence punishable u/s _________ of ____________________ and sentenced to suffer Simple Imprisonment of _________ years / months and to pay fine of Rs. __________ /-. In default to undergo R.I. for __________ years / months. ( In case of default sentences 1/4th sentence of the sentence which magistrate can inflict for the offence is given )
2. Any period of detention if any be given as set off u/s 428 of Code of Criminal Procedure.
3. If punishment is given for separate offences then ----------- both these sentences shall run concurrently.
4. His bail bonds are surrendered and his sureties are discharged.
5. Muddemal property bearing no. _________ in respect of _____________ being worthless be destroyed after the period of appeal is over / ( in case of weapon ----------- be sent to collector for its disposal according to law after the period of appeal is over ) / ( in case of other article which are worth ------------- be auctioned and sale proceeds be credited to Government after the period of appeal is over ) / ( in case of cash ---------- be forfeited to the Government after the period of appeal is over ) / be returned to the registered owner after due verification. ( in case if property is already released on suprutnama then ----------- suprutnama stands cancelled.
6. The copy of this Judgment be given to the accused free of cost.
7. Pronounced, dictated and delivered in open court.
Place
Date ( PQRS )
Judicial Magistrate, First Class,
XYZ.
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