Court : Mumbai
Reported in : AIR1919NULL160; 52Ind.Cas.604
..... i feel perfectly certain in my own mind that the accused never intended by his plea of guilty to admit more than that the fasts alleged against him were true. ..... with that we have nothing to do, we have merely to decide whether the present applicant is guilty of the offence of cheating, and, in my opinion, it is not a matter even of the slightest doubt--[ hold that it is perfectly clear-that he never committed the offence of cheating in this matter at all.4. ..... ' therefore, i shall proceed to deal with the case as if there were no plea of guilty.3. ..... first, i will deal with the plea of guilty. ..... whether on those facts he ought to be held to have committed the offence of cheating is really a question of law, as to which the plea of the accused must be considered immaterial. ..... the accused pleaded guilty to the charge. .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR240
lawrence jenkins, k.c.i.e., c.j.1. the accused in this case has been sentenced to death on what is stated to be his own plea of guilty.2. it is not in accordance with the usual practice to accept a plea of guilty in a case where the natural sequence would be a sentence of death, and so we have felt it our duty in this case to scrutinize the charge with some care to see whether the accused really understood the charge to which he pleaded.3. the charge as translated to us is in effect that the accused for the purpose of taking the ornaments of the deceased struck him on the head and thereby committed murder.4. a man may plead that he hit some one who thereby died, and that he did it for the purpose of taking away the ornaments of the person injured without necessarily admitting that he committed murder, for murder under the penal code requires a certain intention or a certain knowledge.5. under these circumstances we are of opinion that it is not safe to accept the conclusion of the sessions judge and we accordingly send back the case for trial in accordance with law, and for the purpose we reverse the conviction and sentence.
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR740
..... the appellant is a bhil and the sessions judge before recording his plea as a plea of guilty should in a case like the present one have been careful to ascertain whether he meant to admit that he had not complied with the condition on which the tender of pardon was made.17. ..... open to a pardoned accomplice, if placed on trial as an accomplice who has forfeited the pardon already accepted by him, to plead in bar of trial that he did comply with the condition on which the tender of pardonwas made and such plea in bar of trial would have to be gone into and decided before the accused is called on to enter his plea in defence to the charge of having committed the offence in respect of which the pardon was tendered.11. ..... of getting the pardon 'withdrawn' by the magistrate who had tendered it, this approver was committed to the sessions court to take his trial for the murder aforesaid and was convicted of murder on what is described as his plea of guilty and has been sentenced to transportation for life.6. ..... the record shows that the position of the appellant was not explained to him as to this, before he was called upon to make his plea in defence and was convicted of the murder in respect of which a pardon had been tendered conditionally. 13. ..... it was not disputed at the hearing that the appellant did comply fully with the statutory condition before he gave false evidence and it appears to me that the appellant in his plea at trial did not intend to admit anything to the contrary.18. .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR848
..... a disposition not to obey lawful authority of the government, or to subvert or resist that authority, if and when occasion should arise, and if he does so with the intention of creating such a disposition in his hearers or readers, he will be guilty of the offence of attempting to excite disaffection within the meaning of the section, though no disturbance is brought about by his words or any feeling of disaffection, in fact, produced by them'. ..... madams from the complainant, but before there was time to do anything further in pursuance of his purpose, the axe was snatched out of the accused's hands; held, that the accused was not guilty of an attempt to commit murder as neither of his acts could per se have caused death. ..... done nothing but considered and considered most anxiously in the eventuality of a verdict of guilty being returned against you what sentence to pass on you.67. ..... think i could pass consistently with my duty and consistently with the offence of which you have been found guilty a lighter sentence than that i am going to give you. ..... to a plea of guilty.davar, j.61 ..... you think that the accused is not guilty by all means without fear or favour ..... they are liable to be prosecuted and whether they are guilty of sedition, it is not our duty to inquire ..... your minds and if you think these are the articles that are legitimate articles that a journalist can write without transgressing the provisions of section 124a by all means return a verdict of not guilty in favour of the accused. .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR708; 20Ind.Cas.998
..... he has been on his own trial convicted on his plea of guilty. ..... was of opinion that the respondent was, in spite of the facts proved as stated, entitled to an acquittal, and he based that view on the requirement contained in the defining section 463 that if a person, who makes a false document, is to be guilty of forgery, he must make that document inter alia ' with intent to commit fraud or that fraud may be committed. ..... the accused is, therefore, clearly guilty under section 467, indian penal code.
Tag this Judgment!Court : Mumbai
Reported in : (1913)ILR37Bom666
..... he has been on his own trial convicted on his plea of guilty. ..... was of opinion that the respondent was, in spite of the facts proved as stated, entitled to an acquittal, and he based that view on the requirement contained in the defining section 463 that if a person, who makes a false document, is to be guilty of forgery he must make that document inter alia 'with intent to commit fraud or that fraud may be committed. ..... the accused is, therefore, clearly guilty under section 467, indian penal code.
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom60; (1915)17BOMLR222
..... we can only take this plea of guilty as a plea that the facts alleged against him were correct, because we think, as does the sessions judge who referred this case to us, that the facts alleged and admitted do not amount to an offence under section 199 of ..... the sessions judge held that as there was a plea of guilty, he could not deal with the cage in appeal and, therefore, he referred it to us. ..... he was charged with an offence under section 199 of the indian penal code in consequence of making this false declaration and he pleaded guilty to the charge. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1917Bom220; 40Ind.Cas.699
..... the learned judge below has explained very carefully and fully why he adopted the course of convicting the accused on his own plea, and it seems to me clear from the judgment that the learned judge gave the matter much consideration and acted as he thought for the best in the circumstances of some novelty. ..... 337 where it is laid down that 'it is not in accordance with the usual practice to accept a plea of guilty in a case where the natural sequence would be a sentence of death '. ..... for the question which we have to determine is, assuming that the appellant is guilty of the murder, whether the sentence of death should or should not be enforced. ..... this is a case of some peculiarity inasmuch as the appellant has been convicted of murder on his own plea and has been sentenced to death, there being no evidence recorded in the court of session. ..... 337, that the accused be tried in accordance with law notwithstanding his plea of guilty.shah, j.3. ..... it may be that there are cases of murder where the circumstances would be so clear that a bench of this court would have no difficulty in confirming the capital sentence on the accused's mere plea of guilty. ..... the learned judge below points to section 271 of the criminal procedure code and observes quite correctly that he was bound to record the accused's plea of guilty. .....
Tag this Judgment!Court : Mumbai
Reported in : (1919)21BOMLR763
..... i feel perfectly certain in my own mind that the accused never intended by his plea of guilty to admit more than that the facts alleged against him were true. ..... we have merely to decide whether the present applicant is guilty of the offence of cheating, and in my opinion it is not a matter even of the slightest doubt-i hold that it is perfectly clear-that he never committed the offence of cheating in this matter at all.4. ..... therefore i shall proceed to deal with the case as if there were no plea of guilty,3. ..... first i will deal with the plea of guilty. ..... whether on those facts he ought to be held to have committed the offence of cheating is really a question of law, as to which the plea of the accused must be considered immaterial. ..... the accused pleaded guilty to the charge. .....
Tag this Judgment!Court : Mumbai
Reported in : (1919)21BOMLR1096
..... he admitted at his trial that he had turned the horse out to starve and on that plea he was found guilty under section 3 (a) of act xi of 1890.8. ..... his plea of guilty is recorded in these terms: 'i admit having turned my horse out to starve. .....
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