I.A.ANSARI, C.R.SARMA
Mangal Deb Barma – Appellant
Versus
State of Tripura – Respondent
1. If an innocent is punished as a wrongdoer, peoples' faith, in the rule of law, may get shaken. If, however, wrongdoers escape, as a matter of routine, peoples' faith, in the rule of law, may get completely eroded. If a wrongdoer has to be made accountable to law, the State must improve its law enforcement machinery. No less important is the role of the Judge, who conducts trial in criminal cases, for, he cannot be a mere tape recorder for recording evidence given by the witnesses nor can he be a silent spectator to the evidence produced by the parties. Though a trial Judge must not drop the mantle of a Judge and assume the role of a prosecutor or a defence counsel, the fact remains that his duty is to reach the truth and Section 165 of the Evidence Act gives the Judge adequate power and authority to put any question to any witness at any time - be it during the course of examination-in-chief or cross-examination or at the end of any such examination or re-examination -which, to the Judge, appears to be necessary for a just decision of the case and in order to discover or obtain proof of relevant fact. Though a Judge must not usurp the function of a counsel, he needs to p
Danna Yadav alia Dahu and Ors. v. State of Bihar AIR 2002 SC 3325;
Harbhajan Singh v. State of Jammu and Kashmir AIR 1975 SC 1814;
Jadunath Singh v. State of U.P. AIR 1971 SC 363;
George and Ors. v. State of Kerala and Anr. AIR 1998 SC 1376;
State of H.P. v. Lekh Raj and Anr. 2000 (1) SCC 247;
Malkhan Singh and Ors. v. State of M.P. (2003) 5 SCC 746;
Kanta Prashad v. Delhi Administration AIR 1958 SC 350 : 1958 Cri. LJ 698;
Vaikuntam Chandrappa and Ors. v. State of Andhra Pradesh AIR 1960 SC 1340 : 1960 Cri. LJ 1681;
Budhsen and Anr. v. State of U.P. AIR 1970 SC 1321 : 1970 Cri. LJ 1149 : (1970) 2 SCC 128;
Rameshwar Singh v. State of Jammu and Kashmir (1971) 2 SCC 715 : AIR 1972 SC 102 : 1972 Cri. LJ 15;
Marwadi Kishor Paramanand and Anr. v. State of Gujarat (1994) 4 SCC 549;
Lallu Manjhi and Anr. v. State of Jharkhand (2003) 2 SCC 401;
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