223. Under Section 284 of the Code it is not necessary that at the time of the trial assessors should be chosen by lot like jurors and the Court has power to select from among the assessors who are in attendance those who may seem most likely to give efficient assistance in any particular case. The law provides for the choosing of at least three assessors, but it is desirable that four assessors should, as far as practicable, be chosen. The names of the assessors chosen should be noted in the order sheet.
Note. - The choice of assessors is entirely with the Sessions Judge and in making his choice he should be guided by such factors as the nature of the case, the person to be tried, and the state of public feeling and should select only those who appear likely to afford efficient assistance in arriving at a correct decision.The selection of members of communities, whose religious views are such as to prevent them from giving a fair opinion, to act as assessors in murder trial would be an unwise exercise of discretion by the Judge. Section 284 of the Code envisages a positive selection by the Judge and not the mere empanelling the required number of assessors.
