Back
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 :
S.S. Mishra, J.
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.
2. The case of the prosecution, in brief, is that the accused persons were in possession of the land recorded in the name of Lingaraj Behera, the father-in-law of the complainant since long. The complainant had earlier lodged a case before the Sub-Collector. On the direction of the Sub-Collector, the pet
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 main legal point established in the judgment is the reliance on consistent evidence from prosecution witnesses and medical reports to support the prosecution case, as well as the consideration of....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
