High CourtsDivision Bench(1922) 03 AHC CK 0011

Dalli vs Emperor

Allahabad High Court · Decided on 30 March 1922 · Citation: AIR 1922 All 233 : 66 Ind. Cas. 427

HON’BLE JUDGES
Ryves, J · Gokul Prasad, J

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Judgment

1 paragraphs · 143 words
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.