The court emphasized the importance of ensuring that the accused's plea of guilt is voluntary, clear, unambiguous, and unqualified, and that the accused understands the nature of the allegations made against him and admits them before convicting based on the plea.

I.A. Ansari, J.

1. This criminal reference has arisen under Rule 9 of the Rules for the Regulations of the Procedure of Officers appointed to Administer Justice in Lushai Hills, 1937 out of the judgment and order, dated 1.2.2005, passed, in G.R. Case No. 432/2004, by the learned Additional Sessions Judge (ad hoc), Lunglei, whereby accused Ramengmawia stands convicted under Section 302 IPC and sentenced to suffer imprisonment for life.

2. The case against the accused person, as unfolded at the trial, may, in brief, be stated as follows :

On 25.12.2004, the Duty Officer, at Lunglei Police Station, namely, Assistant Sub-Inspector of Police, Shri Lalchhinga, received a telephonic message, at the said Police Station, from Shri R. Sawithanga, VCP, Buarpui, informing him to the effect, inter alia, that Sawikima, aged about 48 years, who had set out of his residence on rambling at about 7.00 O'clock of 24th December, 2004, had not returned home till the dusk and following his disappearance, members of the public had conducted a search to trace out his whereabouts and, eventually, they had found Sawikima's hat lying inside the latrine of Sawikima's grandson, Ramengmawia, they had also found an axe smeared with blood, lying at the verandah of the house of the said Ramengmawia and, on being interrogated, the said Ramengmawia had confessed to have killed his grandfather and he had also disclosed as to where the dead body of Sawikima had been kept hidden. On receipt of the said telephonic message, First Information Report was lodged at the said police station by the said Police Officer, who, later on, visited the house of accused Ramengmawia and prepared a sketch map of the place, where the occurrence had allegedly taken place, and held inquest over the dead body of Sawikima. On completion of investigation, police submitted charge sheet against the accused aforementioned under Section 302 IPC.

3. After the case was committed to the Court of Sessions for trial, the learned trial Court framed a charge under Section 302 IPC against the accused. When the charge, so framed, was read over and explained to the accused, the accused pleaded guilty to the charge. On the basis of the plea of guilt of the accused, the learned trial Court held the accused guilty of the offence charged with convicted him accordingly and passed sentence against him as hereinabove mentioned. It is the conviction and sentence so passed, which have been laid before this Court for confirmation.

4. We have heard Mr. N. Sailo, learned public Prosecutor, Mizoram, and Mr. C. Lalauzaura, learned Amicus Curiae.

5. While considering the present reference, what strikes us is that the entire conviction of the accused under Section 302 IPC rests on the accused person's plea of guilt. The questions, therefore, which stare at us, most prominently, are : (i) whether it is legally permissible to convict a person of a serious charge, such as, murder on his own plea of guilt and if so, what cautions are required to be applied, for this purpose, by the Court and (ii) whether, in the facts and circumstances of the present case, the plea of guilt, acted upon by the learned Court below, is legally sustainable ?

6. While considering the questions posed above, it may be noted that a Sessions Court's power to convict an accused on his plea of guilt is embodied in Section 229 of the Code of Criminal Procedure, 1973. This section corresponds to Section 271(2) of the Code of Criminal Procedure, 1898. Though there is slight variation in the language of Section 229 of the present Code, it substantially remains the same as in Section 271(2) of the old Code. According to Section 229, if the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict thereon.

7. A careful analysis of the provisions of Section 229 Cr.PC makes it clear that though there is no legal impediment, on the part of the Court of Sessions, to convict a person on his own plea of guilt, discretion does v