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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Dasarathi Behera – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. criminal case background and procedural history (Para 1 , 2 , 3 , 4 , 5) |
| 2. analysis of evidence and modification of sentence (Para 8 , 11 , 12) |
| 3. application of the probation of offenders act (Para 13 , 17) |
| 4. arguments concerning sentencing considerations (Para 15 , 16) |
| 5. final order of the court (Para 18) |
Judgment :
1. The present Criminal Revision Petition, filed by the petitioner under Section 397 read with Section 401 of Cr.P.C., is directed against the judgment and order dated 19.08.2014 passed by the learned Additional Sessions Judge-cum-Special Judge (Vigilance), Phulbani in Criminal Appeal No.11 of 2013, whereby the judgment of conviction and order of sentence dated 31.01.2012 passed by the learned Assistant Sessions Judge, Phulbani, Kandhamal in S.T. No.24 of 2008 (S.T. No.70 of 2008 (DC)) has been modified while partly allowing the appeal.
On the basis of such allegation, the police registered an F.I.R., i.e., Phiringia P.S. Case No.26 of 2006 and after the completion of investigation, the charge sheet was submitted against the petitioners.
4. The learned trial Court analyzed the entire evidence on record and found the petitioner Nos.1 and 8 guilty of the
The court found a lack of intent to commit murder based on victim testimonies, modifying the convictions and allowing for probationary relief.
The main legal point established in the judgment is the reliance on reliable evidence, consideration of the circumstances, and the imposition of appropriate sentences and fines.
The Court held that it was appropriate to grant probation to the convicted individuals based on their long-standing conduct and the nature of the offenses under the Probation of Offenders Act, 1958.
Probation may be granted under the Probation of Offenders Act considering age and lack of criminal history despite prior convictions for violent offenses.
The court has the discretion to modify sentences by imposing fines and remitting a portion of the fine amount to the injured victims as victim compensation based on the nature and gravity of the offe....
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