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1981 Supreme(Gau) 77

K.LAHIRI, B.L.HANSARIA
STATE OF ASSAM – Appellant
Versus
RABINDRA NATH GUHA – Respondent


JUDGEMENT

Lahiri, J. :- The true role of a Judge trying a criminal case has been underscored by the Supreme Court in AIR 1981 SC 1036 : (1981 Cri LJ 609), Ramchander v. State of Haryana. Chinnappa Reddy, J., speaking for the Supreme Court has outlined instructive guidelines for the trying Judges which must put all the Judges. on gear. Drawing inspirations from "The History of English Law" by Pollock and Maitland to Jones v. National Coai Board, (1957) 2 All ER 155 : (1957) 2 WLR 760 and instructive observations of his Lordship in ILR (1972) Andh Pra 683 : (1972 Cri LJ 1485), Sessions Judge, Nellora v. Intha Ramana Reddy, it has been ruled that in adversary system of trial which we have in India, the trying Judge should shun the role of 'a referee' or 'an umpire' to permit the prosecution and the defence to combat in the legal arena. He should assume an active role in the proceedings. The trial Judge must be an effective instrument in dispensing justice; he must cease to be spectator a, mere recording machine. The trial Judge must be a participant in the proceedings with the sole objective to ascertain the truth. "Truth finding" is the sole job of the Judges. However his Lordship has




















































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