A confession must be voluntary and made with full understanding of the consequences to be acted upon for conviction. The trial court should exercise judicial discretion and consider all relevant evidence, including the accused's mental state, before convicting an accused on the plea of guilty.

AMIR DAS, J.

1. This application in revision is directed against the order, dated 3-4-1993, passed by Sri S. M. Haque, IVth Additional Judicial Commissioner, Ranchi, in S. T. No. 81/93, by which he has convicted the petitioner under Section 302, I. P. C. and sentenced him to undergo simple imprisonment for life.

2. Following facts are relevant to be referred for the purpose of disposal of this application. Mainu Kumari, the daughter of the petitioner gave her fardbeyan on 23rd July, 1992, at 11 Hrs. at the P. O. House that her father, the petitioner had killed his four years old son Mana Oraon, while he was sleeping in the house. By way of narration, she has stated that her father alongwith his children, including the informant and the deceased was sleeping in his house. Suddenly, the informant heard the cries of his brother and no sooner she went there she found her father catching hold the neck of Mana Oraon. When the informant asked his father as to what he was doing, suddenly her father threw his son, the deceased, Mana Oraon outside the courtyard and threatened her to go on bed and. sleep. The dead body of Mana Oraon was found in the house and his throat was found cut. She also found a Paithi, (a weapon used to cut vegetables). Sometime after the occurrence, the villagers assembled and caught the petitioner who was making preparation for fleeing away. She has further stated that on probe her father confessed his guilt by admitting that he had killed his son. Having received the fardbeyan, the police registered the instant case and took up investigation. In course of investigation, the petitioner was examined under Section 164, Cr. P. C. In due course after completion of the investigation, final form has been submitted.

3. After commitment notification, the trial commenced on 31-3-1998, on which date the prosecution opened its case and argued the facts constituting the offence. The learned Trial Judge formulated the charge against the petitioner under Section 302, I. P. C. When the charge was read over and explained to the accused in Hindi, he pleaded guilty and declined to be tried. Since the petitioner himself pleaded guilty, his statement was recorded by the trial Court on 3-4-1993. In the opinion of the learned Trial Judge, the statement of the accused-petitioner is the admission of his guilt and that is why, he has convicted the petitioner under Section 229, Cr. P. C. Being aggrieved with the said order of conviction on the plea of guilty, the petitioner has moved this Court by way of this revision.

4. Mr. Poddar, arguing the case on behalf of the petitioner contended that normally the Court of Sessions, does not act upon the con fessional. statement of the accused, rather he records the evidence in. find out the guilt of the accused. He has, further, submitted that the statement of the petitioner was not recorded as Verbatim, rather it was in Hindi, and as such no much more importance can be given to the same, Mr. Poddar further contended that before recording the statement the petitioner was never warned about the consequences of making such statement and as such no safeguard was given to him before recording such admission. Mr. Poddar lastly drew the attention of the Court towards the statement of the petitioner under Section 164, Cr. P. C. and on that preface, he has submitted that the petitioner was not of sound mind rather he was under the influence of some evil spirit.

5. Mr. S. N. Sinha, learned Counsel appearing for the State supported the correctness of the order of conviction, but conceded to the fact that the Court has not given proper device to assure that the confession was made voluntarily. Mr. Sinha suggested that it is a fit case for remand.

6. The rule of law does not bar the conviction of an accused on confession. However, rule of prudence requires that the confession must be voluntary, it must be made after taking proper device and confession must be with full understanding of the consequen