Convicted individuals may be granted probation under the Probation of Offenders Act based on age, societal integration, and absence of further criminal activity.

JUDGMENT :

V. Narasingh, J.

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

1. This Criminal Revision has been filed assailing the judgment dated 18.09.2001 passed by the learned Sessions Judge, Keonjhar in Criminal Appeal No.75 of 1995, whereby the appeal was partly allowed and the order of conviction qua the Petitioner dated 27.11.1995 passed by the learned J.M.F.C., Anandapur in G.R. Case No.162 of 1991 (Trial Case No.534 of 1993) under Sections 148 /326/324/323/149 IPC was modified. By the said judgment, the learned Appellate Court set aside the conviction under Sections 323 /149 of Balaram Mandal, Panchanan Muduli, Madhusudan Mendal and Bhaskar Mandal, but found them guilty of the offences under Sections 324 /34 and sentenced them to undergo R.I. for one year. The accused Jayant Mandal, having been found guilty under Section 326 , was sentenced to undergo R.I. for two years, reducing the same from three years, and to pay a fine of Rs.1,000/-.In default to undergo R.I. for six months.

2. It is the case of the prosecution that on 25.05.1991 at about 8:00 A.M. at village Kaniari, while the Petitioner Bhaskar Mandal along with his sons and labourers was undertaking the thatching/construction of the roof of his house, the informant Ainthu Mandal (P.W.1), Gangadhar Mandal (P.W.2) and Babaji Mandal (P.W.3) objected to the same, for which a quarrel ensued, during which the accused persons, being armed with lathis, axe and bala assaulted the informant and others. Madhusudan Mandal assaulted the informant Ainthu Mandal by means of a lathi on his back causing him to fall down and thereafter Balaram Mandal dealt a blow on his head by means of a bala causing a bleeding injury. Bhaskar Mandal, Naba Kishore Mandal, Panchanan Muduli and others assaulted Gangadhar Mandal by means of bala and lathi causing injuries on his head, hand and back, while Jayanta Mandal assaulted Babaji Mandal by means of a bala on his left hand causing a bleeding injury. On hearing the alarm, witnesses arrived at the spot and rescued the injured persons. The informant thereafter lodged oral information at Soso Police Station, which was reduced into writing and on the basis of the same the case was registered. After completion of investigation, charge-sheet was submitted under Sections 323 /324/326 read with 149 IPC against the present Petitioners and five other accused persons.

3. To drive home the charge, the prosecution examined 10 witnesses of whom P.W.1(the Informant) P.W. 3, the injured, P.W.9, the Doctor and P.W.11, the I.O are the material witnesses. Several documents were exhibited and marked as Exts.1 to 7/1, of which Exts.3,4 and 5, being the injury reports, Ext.7, being the spot map, are of significance.

Though no witness was examined on behalf of the accused Petitioners, several documents were adduced and marked as Exts.A to G/1.

4. The plea of the defence was one of complete denial.

5. On consideration of the evidence on record, the learned Trial Court found Panchanan Muduli (Petitioner No.4), Madhusudan Mandal (Petitioner No.3), Bhaskar Mandal (Petitioner No.1) and Balaram Mandal (Petitioner No.2) guilty of the offences under Sections 323 /149 and 324/149 IPC and sentenced each of them to undergo R.I. for one year for the offence under Section 323 /149 and R.I. for two years for the offence under Section 324 /149 , the sentences to run consecutively. So far as Jayant Mandal (Petitioner No.5) is concerned, having been