(1.) Challenge in this revision is to judgment dtd. 5/3/2016 passed in Criminal Appeal No. H-21/2015 whereby learned Additional Sessions Judge, Pendraroad, District - Bilaspur (CG) partly allowed the criminal appeal of applicant and while affirming the conviction of the applicant under Sec. 326 of IPC passed by the Judicial Magistrate First Class, Pendraroad in Criminal Case No.488/2014, modified the sentence of the applicant and ordered to undergo RI for 1 year instead of RI for 2 years, and fine of Rs.1000.00.
(2.) Case of the prosecution in brief is that on 15/9/2011 at about 7:00 in the evening, complainant- Sagar Prasad Choudhary lodged a report in the concerned police station stating that his agricultural land is located adjacent to the land of his elder brother- Tirath. Due to flow of water from his agricultural land to the land of his elder brother leading to erosion of mud and its deposit in his field, causing damage to the crops, applicant got enraged, abused the complainant and said that he has no right to interfere with whatever he wanted to do in his agricultural field. Applicant threatened to kill the complainant.
(3.) Applicant was charged with the offences under Ss. 294, 452, 326, 506 Part-II of of IPC. He denied the charges and prayed for trial. To prove its case, prosecution examined as many as 9 witnesses namely Sagarprasad (PW1) the complainant, Ramratiya Bai (PW2) wife of the complainant, Vinod Kumar (PW3), Gangotri Jatav (PW4), Anand Ram (PW5), Makhan (PW6), Dr. J.S. Kanwar (PW7), Mithlesh Marko (PW8), Prakash Sahu (PW9). Statement of applicant was recorded under Sec. 313 of Cr.P.C. in which he denied all incriminating evidence appearing against him and pleaded innocence and false implication. No witness was examined by the accusedapplicant in defence.