The court emphasized the discretionary power to grant probation under the Probation of Offenders Act, considering the nature of the offence and the offender's character, especially for first-time offenders.

JUDGMENT :

KAUSHIK GOSWAMI, J.

Heard Mr. T. J. Mahanta, learned Senior Counsel assisted by Mr. Tarun Gogoi, learned Counsel for the petitioners. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor, Assam for the State respondent.

2. This application is filed under Section 401, read with Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) challenging the judgment dated 22.08.2008 passed by the learned Chief Judicial Magistrate, Golaghat (hereinafter referred to as the “trial Court”) in G.R. Case No. 05/2007, wherein the petitioners were convicted under Section 341/323/34 of the Indian Penal Code (hereinafter referred to as “IPC”) and sentenced to pay fine of Rs. 400/- each under Section 341 of IPC in default of payment of fine Simple Imprisonment for 15 days, and also Rigorous Imprisonment for 3 months each and fine of Rs. 500/- each under Section 323 of the IPC, in default of payment of fine, Simple Imprisonment for 15 days, and judgment and order dated 13.07.2012 passed in Criminal Appeal No. 42/2008 passed by the learned Session Judge, Golaghat (hereinafter referred to as the “appellate Court”) whereby the appeal preferred by the petitioners was dismissed.

3. The brief facts of the case is that on 01.01.2007 one Sri Pradyut Hazarika (informant) had lodged an F.I.R. at Dhekial Police Outpost stating inter alia that on the same day at around 3.30 p.m. while he along with his friends Sri Indrajit Neog, Sri Rajesh Agarwala and Sri Shyamal Sengupta @ Bapi were on their way to his petrol pump at Kuralguri, one jeep in which around 5 to 6 persons came towards them and did not let them cross and therefore, they had to stop their vehicle by the side of the road. It is further alleged that when they stopped at the side of the road, a boy came down from the said jeep and had administered a punch on the right eye of one of his friend Sri Indrajit Neog for which his friend had sustained serious injuries. It is further alleged that his other friend Sri Rajesh Agarwala was also assaulted by them for which he lost his mobile phone. It is further alleged that thereafter, they had been taken to a house nearby and were being confined there, from where police later on rescued them.

4. An F.I.R. was accordingly registered as Golaghat P.S. Case No. 04/2007, under Section 147/325/342 of IPC. Upon investigation being completed, the Investigating Officer submitted Charge-sheet under Section 147/325/342 of IPC against the petitioners. Thereafter, the petitioners appeared before the trial Court, whereafter the trial Court framed charge under Section 341/323/34 of IPC and conducted the trial. During trial, the prosecution examined as many as 9(nine) witnesses in support of their case and defence examined none. After completion of trial and upon hearing both the parties, the trial Court by judgment & order dated 22.08.2008 convicted the petitioners under Section 341/323/34 of IPC and sentenced them thereof. Being aggrieved, the petitioners filed an appeal before the appellate Court, wherein the appellate Court was pleased to dismiss the appeal and upheld the conviction and sentence passed by the trial Court. Situated thus, the present revision petition has been filed.

5. Mr. T. J. Mahanta, learned Senior Counsel for the petitioner submits that he is not arguing the matter on merit of the conviction and shall confine his submission in the appeal in respect of the order of sentence. He further submits that the petitioners have not been convicted previously for any offence and that they are first time offenders. He further submits that the offence appears to have been committed in the heat of the moment and the petitioners did not know the informant/victims prior to the incident. He further submits that it has also come out from the evidences that after the incident, one of the petitioners had taken the victims to the house where water was also given. He further submits that the injuries are also simple in nat