SARANGADHAR NAYAK AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioners on being convicted by the Sub divisional Judicial Magistrate, Dhenkanal, in G.R. Case No. 628 of 1983 under Sections 143, 380, and 506, I.P.C. preferred an appeal before the Sessions Judge, Dhenkanal -Angul who; while allowing the appeal in part, set aside the conviction and sentence under latter part of Section 506, I.P.C. and confirmed the conviction and sentence under Sections 143 and 380, I.P.C.. The Petitioners in this revision challenge the aforesaid order of the learned Sessions Judge on various grounds.

(2.) THE case of the prosecution, in brief, is that on 11 -11 -1983 at about 12.30 p. m. while the informant and other Forest Guards were in Chhotatentulia Forest Beat House, the accused persons armed with spitted wooden sticks came and forcibly entered into the beat house and took away four bags of charcoal seized in U.D. Case No. 32/83 -84 and G.R. Case No. 191/88 -84. The accused persons also took away the cycle of the Forest Guard A.C. Rout but on his request they left the same. The accused also threatened to set fire to the beat house and out of fear the forest guards did not resist more. Thereafter the matter was reported to the Range Officer who forwarded the same to the O.I.C.. Goinda P.S. for action.

(3.) THE trial court, while hearing on the question of award of sentence has taken into consideration the prayer of the accused to release them under Section 3 of the Probation of Offenders Act (in short 'the Act') as there was no previous conviction, but rejected the same on the ground that benefit of the said provision was not available to the accused person who were found guilty of the offence under latter part of Section 506, I.P.C..