(1)A judgement should be divided into consecutively numbered paragraphs of a reasonable length. They should not as a rule exceed about three-quarters of a typed page and their division into sub-paragraphs should, be avoided. This is mainly to facilitate reference to any particular portion of the judgement during the argument in the Appellate or Revisional Court.(2)The opening paragraph should state briefly who is accused of doing what, giving more or less the details in the charge, so that it can be readily gathered from the start what the judgement is about.(3)The next paragraph or two paragraphs should give the admitted facts and state briefly the prosecution case and the defence, clearly distinguishing between what is admitted and what is not. Matters like the relative position of places and villages and distances between them and how the parties and witnesses are related to each other should be indicated where such details are necessary for a clear understanding of the case.(4)Then the points that arise for decision should be dealt with one by one, marshalling the evidence for and against and considering the arguments and giving a clear finding on one point before passing on to the next. Witnesses should not be referred to by number alone. Accused persons, where there are two or more, should invariably be referred to by name, and if it is necessary for further identification by number as well. The various points should be dealt with in separate paragraph, but some points may require more than one paragraph. It is inadvisable to consider the question of motive first, as that tends to invite the argument that the Court thereby pre-judges the merits of the case.(5)A point that is obvious and undisputed should not be laboured. For example, if a man is found with his head almost severed from his body, it can seldom be necessary to discuss the evidence that he was hale not long before; it will generally be sufficient to indicate the nature of his injuries and to say that it is obvious and has not been disputed that he was murdered, and that the only question for decision is who murdered him.(6)After all the points that arise for decision have been decided the decision on the case as a whole will follow. With the punishment, if any, either in the same or next paragraph. If the accused is found to have committed more than one offence, separate sentences should be passed for each offence, unless this infringes Section 71 of the Indian Penal Code, but the sentences may of course run concurrently.(7)The number of witness examined is of no particular interest, and the judgement should not contain a list of the witnesses with a resume of what each states. The evidence should be marshalled as each point is considered, as stated in sub-rule (4) above. A Judge or Magistrate should not start to write a judgement until he has got it clear in his own mind what points he has to decide, how he is going to decide them, and the reasons for his decisions. Then he should try to deal with these points as lucidly and concisely as possible. A judgement is unlikely to be lucid throughout unless it is carefully read over afterwards and corrected where necessary.(8)These remarks are intended primarily for the guidance of Trial Courts, but the general principles should be borne in mind by Appellate and Revisional Courts.
