The court ruled that the benefit of the Probation of Offenders Act must be considered unless explicitly excluded, reaffirming the mandatory duty of the court to evaluate the conditions for probation.

JUDGMENT :

V. Narasingh, J.

Heard learned counsel for the Petitioner and learned counsel for the State.

1. This Criminal Revision has been filed assailing the judgment dated 11.02.2026 passed by the learned Addl. Sessions Judge, Chandikhol in Criminal Appeal No.01 of 201/ 20 of 2025, affirming the order of conviction qua the Petitioner dated 09.12.2011 passed by the learned C.J.M- cum-Asst. Sessions Judge, Jajpur in C.T. (Sessions) No.199 of 2010 (T.C. No.72 of 2010) under Section 324 [324. Voluntarily causing hurt by dangerous weapons or means. - Whoever, except in the case provided for by Section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.] of IPC and imposing a sentence of rigorous imprisonment for a period of one year and to pay a fine of Rs. 20,000/- (Rupees Twenty Thousand only). In default, to undergo rigorous imprisonment for a further period of two months.

2. The prosecution case, as borne out from the F.I.R. instituted by the informant-wife of the injured is that, on 09.12.2006 at about 8 P.M., while her husband was returning from their thrashing-floor (Dhana Khala), the accused Petitioner Padmalochan Swain came from behind and assaulted him with an axe (Tangia) on his head, hand and back. On hearing hullah, the informant-wife, one Pravakar Swain and some others reached the spot and, seeing them, the accused fled away. It is stated that on account of such axe blows, the husband of the informant suffered injuries to his hand and head. With the help of neighbours, the informant took her husband to Dharmasala Medical for treatment.

3. In the present case, the F.I.R was instituted on the next date of occurrence on 10.12.2026 citing the Petitioner as accused. After investigation charge sheet was filed under Section 341[341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.]/307[307. Attempt to murder.—Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by life convicts.—When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death] IPC.

4. The accused pleaded not guilty to the charges under Section 341[341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.]/307[307. Attempt to murder.—Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punish