(1.) WE are of the opinion that this appeal must be allowed and that the conviction and sentence must be set aside and the case sent to the next Sessions to be dealt with according to law. As our reasons for this result proceed from somewhat different angles, I will state the grounds which seem to me to make this course inevitable.
(2.) THE appellant, who is a widower, was tried before Mr. Justice Lokur and a special jury under Section 302 of the Indian Penal Code for the murder of his only child, a girl of about fourteen years of age, and was found by the unanimous verdict of the jury guilty and sentenced by the learned Judge to transportation for life.
(3.) UNLESS such safeguards are taken and unless the learned Judge is prepared to accept a plea of guilty, the proper course is to tell the accused that he should "claim to be tried", and if he refuses to claim to be tried, to record the plea of "does not plead" (see Section 272 of the Criminal Procedure Code ).