CourtKutchehry.com
High CourtsFull Bench

Emperor vs Chinia Bhika Koli

Bombay High Court · Decided on 22 February 1906 · Citation: (1906) 8 BOMLR 240

HON’BLE JUDGES
K.C.I.E., C.J · Russell, J · Lawrence Jenkins, J
CASE NUMBER
Criminal Confirmation Case No. 2 of 1906 and Criminal Appeal No. 75 of 1906
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 211 words

Lawrence Jenkins, K.C.I.E., C.J.—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.