AIR 2004 SC 3114 (Zahira Habibulla H. Sheikh and another vs. State of Gujarat and others) the Supreme Court held that a Presiding Judge must not be a spectator and a mere recording machine but should be becoming a participant in the trial evincing intelligence, active interest and elicit all relevant materials necessary for reaching the correct conclusion to find out the truth and administer justice with fairness and impartiality both to the parties and to the community it serves.