NALLAYEE Vs. STATE

JUDGEMENT

(1.) IN this case the accused, one Nallayee, was committed to take her trial for an offence under Section 307, I. P. C. (attempt to commit murder), before the Court of Sessions, Salem Dn. and she was tried accordingly by the Principal Assistant Sessions Judge, Salem. The typed copy of the charge framed by the Assistant Sessions Judge against her mentions the ingredients of tile offence; and, therefore, it should be considered as a proper charge. The learned Assistant Sessions Judge has noted in the judgment that, when the charge framed against the accused was read over and explained to her in Tamil she pleaded guilty. The Judge then held that the plea was voluntary. He accepted the plea, found her guilty as charged on her own admission, convicted and sentenced her to undergo rigorous imprisonment for seven years.

(2.) THE accused has filed this appeal from jail. She did not make appearance through an advocate within the time allowed to her. In her memo randum of appeal, she says that her husband had two wives, that her husband was addicted to drink, that she did not know as to who inflicted a cut on him during a quarrel that took place while he was drunk, that he gave false evidence against her presumably in the committal court on the advice of his other wife, that the Sub Inspector insisted that she should plead guilty in the court below, stating that if she did so, she would be acquitted, and that, in those circumstances, she admitted the offence out of sheer ignorance and want of knowledge.

(3.) THIS appeal has been taken on file, Notice was issued to the Public Prosecutor, or the suggestion of the Judge who took the case on, file, Ramachandra Iyer J. regarding the necessity for issuing directions in regard to the trial of serious crimes ? whether the plea of guilty should be allowed to be recorded and the accused convicted and sentenced without knowing even the circumstances, under which the offence was committed. Adequacy of the sentence was also mentioned by Ramachandra Iyer J. as a possible ground for being canvassed in the appeal,