A plea of guilt by an accused is a voluntary act and does not partake the character of a confession. The stage of investigation is over much before the stage of pleading guilt reaches. The Judge's task is to find out the truth involved in the case before him and if at any stage the accused pleads guilty and the Judge is satisfied that the said plea is a voluntary plea and without any coercion, physical or mental, there is nothing in the Cr. P. C. to prevent such a guilt being recorded and thereafter on its basis, conviction can safely be recorded.

( 1 ) RAM Kishun appellant has filed this appeal from Jail against the judgement and order dated 2-2-1988 passed by Sessions Judge, Mirzapur convicting and sentencing him under Section 302, IPC to Imprisonment for life.

( 2 ) SRI Tej Prakas has been appointed Amicus curiae who has argued the case with ability. Sri S. P. Tewari, learned A. G. A. has spoused the cause of the State. The charge against the appellant was that he has committed the murder of his wife by inflicting upon her an injury by an axe and thereby committed the offence of murder punishable under Section 302 IPC.

( 3 ) FROM a perusal of the order sheet it appears that when this case was taken up by Sessions Judge on 21-11-1987 a charge was framed against the appellant under Section 302 IPC and he pleaded not guilty and claimed to be tried. He had no counsel of his own. The case was taken up on 2-2-1988 by the learned Sessions Judge and he had appointed an Amicus curiae to appear for the appellant. The Sessions Judge had only asked the appellant as to how his wife Smt. Banspati was murdered. In reply to the said question the appellant admitted his guilt that he had killed Smt. Banspati. He detailed the entire circumstances under which he had killed his wife by hitting her with an axe. The trial Judge has noted that he had warned the appellant that his pleading guilty alone can be made the basis of conviction. The learned trial Judge has further recorded his satisfaction that the plea of guilt of the appellant was voluntary without any mental or physical torture or coercion. The statement was recordedin open court in the presence of the counsel of the appellant.

( 4 ) THE trial Judge has further said that in order that there was no chance of any injustice, he proceeded to record the statement of PW 1, Jaggan Ram. The record further indicates that after recording the statement of PW 1, Jaggan Ram, the statement of the appellant under Section 313 Cr. P. C. was also recorded. In reply to the question as to what has the appellant to say with regard to the statement of PW 1 Jaggan Ram the appellant has said that he had nothing to say and that it is true that he has killed his own wife with an axe. He has further said that he has nothing further to add.

( 5 ) THE plea of guilt recorded by the Sessions Judge in his own hand-writing is fairly detailed one whereby it is apparent that the appellant has unequivocally admitted his guilt. The Judge had put a question to him after he had pleaded guilty as to why he committed the murder. The translated version of the appellant to the aforesaid question is as follows :"four persons of the village had come to my house and had surrounded me. They wanted to beat and torture me. They had settled that they would hand over my wife to some one else. My wife had not said anything to me but I did not want to leave her. Daughter (wife) wanted to keep me in the in-laws house. I did not want that. She had said that you will be beaten by employing a few Goondas. He had got my neck throttled by four boys near about Holy time I could not speak for 2-4 days. This enraged me and I have killed her. "

( 6 ) ACCORDING to the statement of PW 1 Jaggan Ram the appellant is the son-in-law of Ram Garib of his village. Ram Garibs daughter Banspati was married to the appellant Ram Kishun and he was living in his in-laws house. Ram Garib had no other issue. About ten months ago at about 7 in the morning this witness had seen Banspati deceased going with a basket containing white lime for cleaning her maternal grand-fathers house. Appellant Ram Kishun was following her with an axe in his hand. When Smt. Banspati reached the field, which was his field, situated towards south of the road Ram Kishun struck Smt. Banspati from behind with his axe which hit Banspati as a result of which she fell down. This incident was seen by this witness and Bujhan. They raised hue and cry. Some other villagers arrived, the appellant ran away. Banspati had died as