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Dalli Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1922All233; 66Ind.Cas.427
AppellantDalli
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 271 - murder--flea of guilty, conviction on--practice. - - after all murder is a mixed question of fast and law, and, unless the court is perfectly aatis6ed that the accused knew exactly what was necessarily implied by his plea of guilty, the case should be tried, and in dealing with people of the status of dilli, this, of course, san never be the case.1. dalli has appealed from his sentence of death for the murder of his mistress. the learned sessions judge accepted his plea of 'guilty' and convicted him upon it. no evidence at all was taken in the court of session. in a sass of murder it has long been the practice of this court not to accept the plea of guilty. after all murder is a mixed question of fast and law, and, unless the court is perfectly aatis6ed that the accused knew exactly what was necessarily implied by his plea of guilty, the case should be tried, and in dealing with people of the status of dilli, this, of course, san never be the case. we, therefore, set aside the conviction and sentence and direct the learned sessions judge to refuse to accept the plea of 'guilty' and to retry the case.
Judgment:

1. Dalli has appealed from his sentence of death for the murder of his mistress. The learned Sessions Judge accepted his plea of 'guilty' and convicted him upon it. No evidence at all was taken in the Court of Session. In a sass of murder it has long been the practice of this Court not to accept the plea of guilty. After all murder is a mixed question of fast and law, and, unless the Court is perfectly aatis6ed that the accused knew exactly what was necessarily implied by his plea of guilty, the case should be tried, and in dealing with people of the status of Dilli, this, of course, san never be the case. We, therefore, set aside the conviction and sentence and direct the learned Sessions Judge to refuse to accept the plea of 'guilty' and to retry the case.


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