Nanu @ Bhaktahari Behera vs State Of Odisha on 6 August, 2026

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    Orissa High Court

    Nanu @ Bhaktahari Behera vs State Of Odisha on 6 August, 2026

    Author: V. Narasingh

    Bench: V. Narasingh

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                       CRLREV No.647 of 2013
                        CNR NO. ODHC010295002013
    
    In the matter of an application under Section 401 Cr.P.C
    read with 397 Cr.P.C.
                            ------------------
    

    Nanu @ Bhaktahari Behera …. Petitioner

    -versus-

    SPONSORED
    State of Odisha                 ....            Opposite Party
    
    For Petitioner             :    Mr. S.K. Bhanjadeo, Advocate
    
    
    For Opposite Party         :    Mr. M.R. Mohanty, AGA
    
                        CORAM:
                        JUSTICE V. NARASINGH
    
    
          DATE OF FINAL HEARING           :    06.05.2026
    
          DATE OF JUDGMENT                :    06.08.2026
    
     V. Narasingh, J.         Heard learned counsel for the
    

    Petitioner and learned AGA for the State.

    1. This Criminal Revision has been filed
    assailing the Judgment dated 04.07.2013 passed
    by the learned Addl. Sessions Judge, Baripada,
    Mayurbhanj, in Criminal Appeal No. 1/5 of 2013
    affirming the judgement of conviction and
    sentence dated 16.01.2013 passed by the learned
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    CRLREV No. 647 of 2013
    Asst. Sessions Judge Baripada, Mayurbhanj, in
    S.T. Case No.59/125 of 2010 arising out of G.R.
    Case No.365 of 2010 (T.C. No.608/10) qua the
    Petitioner for commission of offence under
    Section 3241 of IPC, directing him to undergo R.I.
    for a period of two years and to pay a fine of
    Rs.5000/- (Rupees Five Thousand only), in
    default, to undergo R.I. for a period of six months
    and in respect of the commission of offence under
    Section 3232, he was directed to undergo R.I. for
    a period of six months and to pay a fine of
    Rs.1000/- (One Thousand Only), in default, to
    undergo R.I. for a period of two months.

    2. The prosecution case, in brief, is that on
    18.04.2010 at about 8 A.M, when the informant
    was returning to his house with kerosene from
    Bijipur, near the house of one Kartika Chandra

    1

    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.

    2

    323. Punishment for voluntarily causing hurt.–Whoever, except in
    the case provided for by Section 334, voluntarily causes hurt, shall be
    punished with imprisonment of either description for a term which may
    extend to one year, or with fine which may extend to one thousand
    rupees, or with both.

    Page 2 of 9
    CRLREV No. 647 of 2013

    Behera, the accused restrained the informant,
    Biswambar (informant-P.W.1), abused him in
    filthy language and also demanded repayment of
    money. The accused caught hold of the
    informant’s neck and dragged him. The informant
    ran towards his house. The accused chased after
    him with a bhujali to kill him. Fortunately, the
    informant escaped. But, the accused caught hold
    of the informant’s wife, Brundabati Behera
    (injured- P.W.8) and outraged her modesty by
    dragging her saree and assaulted her with 7/8
    blows using a bhujali, with the intention to kill her
    due to which she sustained bleeding injuries and
    fell down. After assaulting the said injured, the
    accused fled away. The injured was shifted to the
    hospital for her treatment. Thereafter, the
    informant- Husband lodged an FIR at Baisinga
    P.S. under P.S. Case No. 45, and after completion
    of the investigation, a charge-sheet was filed
    under Sections 341/354/323/294/324/307/506 of
    I.P.C.

    3. To drive home the charge, the prosecution
    examined 15 witnesses, of whom the P.W.1 is the
    informant, P.W.3 is the elder brother of the
    informant, P.W.8 is the wife of the informant and

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    CRLREV No. 647 of 2013
    the injured, P.Ws.6 to 13 are seizure witnesses,
    P.W.12 and P.W.15 are doctors and P.W.14 is the
    investigating officer.

    Several documents were adduced and
    marked as Exts. 1 to 11/1 on behalf of the
    prosecution and one saree, saya, blouse and
    Bhujali were adduced as M.O.I to M.O.IV.

    Neither oral nor documentary evidence was
    adduced on behalf of the defense.

    4. On consideration of the materials on record,
    the Trial Court convicted and sentenced the
    Petitioner under Section 324 of IPC and directed
    him to undergo R.I. for a period of two years and
    to pay a fine of Rs.5000/- (Rupees Five Thousand
    only), in default, to undergo R.I. for a period of
    six months and in respect of the commission of
    offence under Section 323, he was directed to
    undergo R.I. for a period of six months and to pay
    a fine of Rs.1000/- (One Thousand Only), in
    default, to undergo R.I. for a period of two
    months.

    On appeal being preferred, the Appellate
    Court did not find any infirmity in the appreciation
    of evidence and affirmed the conviction and the

    Page 4 of 9
    CRLREV No. 647 of 2013
    sentence imposed. Assailing the same, the
    present Criminal Revision has been filed.

    5. It is submitted by the learned counsel for the
    Petitioner that the appreciation of evidence by the
    Trial Court as well as the Appellate Court is ex
    facie perverse so as to warrant interference by
    this Court in exercise of its revisional jurisdiction,
    notwithstanding, the contours of exercise of such
    jurisdiction.

    6. Learned counsel for the state opposes such
    prayer and submits that the there is no infirmity
    in the judgment of the Appellate Court warranting
    interference.

    7. This Court is not oblivious to the scope of
    interference while exercising revisional
    jurisdiction and since the allegation of perverse
    appreciation cannot be adjudicated without
    analysing the evidence on record, for such limited
    purpose this Court considers it appropriate to
    scan the evidence.

    8. On careful scrutiny of the evidence on
    record and considering the rival submissions, this
    Court does not find any infirmity in the
    appreciation of evidence by the Appellate Court in
    affirming the conviction and sentence so as to

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    CRLREV No. 647 of 2013
    warrant interference in this Criminal Revision and
    accordingly, the conviction and sentence as
    passed by the Appellate Court is hereby affirmed.

    9. On the question of sentence, taking into
    account that the incident took place in the year
    2010 and that the Petitioner is aged about 45
    years, and taking a cue from the judgment of the
    Apex Court in the case of Chellammal and anr.
    V. State represented by the Inspector of
    Police, 2025 SCC OnLine SC 870, this Court is
    persuaded to hold that the benefit of the
    Probation of Offenders Act, 1958 (hereinafter
    referred to as the P.O. Act) can be extended to
    the Petitioner, since ex facie the sentence
    prescribed for the offence being two years does
    not suffer from the disqualification as envisaged
    under Section 4(1)3 of the Act, 1958.

    10. Accordingly, the benefit of the P.O. Act is
    extended and this Court directs that Petitioner be
    released on probation under Section 43 of the

    3

    4. Power of court to release certain offenders on probation of
    good conduct.–

    (1) When any person is found guilty of having committed an offence not
    punishable with death or imprisonment for life and the court by which
    the person is found guilty is of opinion that, having regard to the
    circumstances of the case including the nature of the offence and the
    character of the offender, it is expedient to release him on probation of
    good conduct, then, notwithstanding anything contained in any other
    law for the time being in force, the court may, instead of sentencing him
    at once to any punishment direct that he be released on his entering

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    CRLREV No. 647 of 2013
    P.O. Act, on conditions to be settled by the Trial
    Court.

    11. It is further directed that the Petitioner shall
    pay compensation of Rs.6000/- to the injured and
    failing which, the same shall entail action in
    accordance with procedure laid down under
    Section 54 of the P.O. Act.

    into a bond, with or without sureties, to appear and receive sentence
    when called upon during such period, not exceeding three years, as the
    court may direct, and in the meantime to keep the peace and be of good
    behaviour:

    Provided that the court shall not direct such release of an offender
    unless it is satisfied that the offender or his surety, if any, has a fixed
    place of abode or regular occupation in the place over which the court
    exercises jurisdiction or in which the offender is likely to live during the
    period for which he enters into the bond.

    (2) Before making any order under sub-section (1), the court shall take
    into consideration the report, if any, of the probation officer concerned
    in relation to the case.

    (3) When an order under sub-section (1) is made, the court may, if it is
    of opinion that in the interests of the offender and of the public it is
    expedient so to do, in addition pass a supervision order directing that
    the offender shall remain under the supervision of a probation officer
    named in the order during such period, not being less than one year, as
    may be specified therein, and may in such supervision order impose
    such conditions as it deems necessary for the due supervision of the
    offender.

    (4) The court making a supervision order under sub-section (3) shall
    require the offender, before he is released, to enter into a bond, with or
    without sureties, to observe the conditions specified in such order and
    such additional conditions with respect to residence, abstention from
    intoxicants or any other matter as the court may, having regard to the
    particular circumstances, consider fit to impose for preventing a
    repetition of the same offence or a commission of other offences by the
    offender.

    (5) The court making a supervision order under sub-section (3) shall
    explain to the offender the terms and conditions of the order and shall
    forthwith furnish one copy of the supervision order to each of the
    offenders, the sureties, if any, and the probation officer concerned.

    4

    5. Power of court to require released offenders to pay
    compensation and costs.–(1) The court directing the release of an
    offender under Section 3 or Section 4, may, if it thinks fit, make at the
    same time a further order directing him to pay–

    (a) such compensation as the court thinks reasonable for loss or injury
    caused to any person by the commission of the offence; and

    Page 7 of 9
    CRLREV No. 647 of 2013

    12. In this context, it is apt to note that, so far
    as Section 5(2)4 of the P.O. Act is concerned, in
    the event of default in payment of the amount
    ordered under Section 5(1)4 of the said Act, the
    amount shall be recovered as a fine in accordance
    with the provisions of Sections 386/387 of the
    Code.

    It is further clarified that the “Code” herein
    refers to the Code of Criminal Procedure, 1898,
    which corresponds to Sections 4615/4626 of

    (b) such costs of the proceedings as the court thinks reasonable.
    (2) The amount ordered to be paid under sub-section (1) may be
    recovered as a fine in accordance with the provisions of Section 386 and
    387 of the Code.

    (3) A civil court trying any suit, arising out of the same matter for which
    the offender is prosecuted, shall take into account any amount paid or
    recovered as compensation under sub-section (1) in awarding damages.

    5

    461. Warrant for levy of fine.–(1) When an offender has been
    sentenced to pay a fine, but no such payment has been made, the Court
    passing the sentence may take action for the recovery of the fine in
    either or both of the following ways, that is to say, it may–

    (a) issue a warrant for the levy of the amount by attachment and sale of
    any movable property belonging to the offender;

    (b) issue a warrant to the Collector of the district, authorising him to
    realise the amount as arrears of land revenue from the movable or
    immovable property, or both, of the defaulter:

    Provided that, if the sentence directs that in default of payment of the
    fine, the offender shall be imprisoned, and if such offender has
    undergone the whole of such imprisonment in default, no Court shall
    issue such warrant unless, for special reasons to be recorded in writing,
    it considers it necessary so to do, or unless it has made an order for the
    payment of expenses or compensation out of the fine under Section

    395.

    (2) The State Government may make rules regulating the manner in
    which warrants under clause (a) of sub-section (1) are to be executed,
    and for the summary determination of any claims made by any person
    other than the offender in respect of any property attached in execution
    of such warrant.

    (3) Where the Court issues a warrant to the Collector under clause (b)
    of sub-section (1), the Collector shall realise the amount in accordance
    with the law relating to recovery of arrears of land revenue, as if such
    warrant were a certificate issued under such law:

    Page 8 of 9
    CRLREV No. 647 of 2013

    Bharatiya Nyaya Suraksha Sanhita, 2023
    (Sections 421 and 422 of the Code of Criminal
    Procedure, 1973).

    13. The Criminal Revision is accordingly disposed
    of.

    (V. Narasingh)
    Judge

    Orissa High Court, Cuttack,
    Dated the 6th August, 2026/Ayesha
    06.08.2026/Uploaded

    Provided that no such warrant shall be executed by the arrest or
    detention in prison of the offender.

    6

    462. Effect of such warrant.–A warrant issued under clause (a) of
    sub-section (1) of Section 461 by any Court may be executed within the
    Signature Not Verified local jurisdiction of such Court, and it shall authorise the attachment and
    Digitally Signed sale of any such property outside such jurisdiction, when it is endorsed
    Signed by: AYESHA ROUTby the District Magistrate within whose local jurisdiction such property is
    Reason: Authentication
    found.

    Location: High Court of Orissa, Cuttack
    Date: 06-Aug-2026 20:26:36

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    CRLREV No. 647 of 2013



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