(1.) Heard.
(2.) This revision is preferred against the order dated 5.8.2002 in Criminal Appeal No.70 of 2019 by Adhoc Addl. Sessions Judge Fast Track Court No.III, Cuttack upholding the conviction and sentence passed by S.D.J.M., Athagarh.
(3.) The present appellants as accused persons were convicted under Section 323 IPC by the judgment dated 13.10.1999 in G.R. Case No.481 of 1993 and was sentenced to undergo imprisonment till rising of the Court and to pay fine of Rs.1000/- only in default to S.I. for one month. Without controverting the facts of conviction, learned counsel for the petitioner vehemently urged that the offence under section 323 of I.P.C. being punishable with fine alternatively of which imprisonment is not more than two years, the privilege of Probation of Offenders Act, 1958 is mandatory and the same has not been considered in right perspective.