1 2025:CGHC:5076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 10 of 2017 1 - Basant Sai @ Bhandari S/o Madwa Sai Aged About 44 Years R/o Village- Maini, Bhandarpara, Police Station- Bagicha, District- Jashpur, Chhattisgarh., ... Applicant(s) versus 1 - State Of Chhattisgarh Through The District Magistrate Jashpur, District- Jashpur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri J.K.Saxena, Advocate For Respondent(s) : Ms. Prabha Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Judgment on Board 28/01/2025 This criminal revision is directed against the impugned judgment dated 19.12.2016 passed by the learned Sessions Judge Jashpur, District Jashpur in Criminal Appeal No. 33/2016, whereby the learned appellate Court has affirmed the conviction and sentences imposed upon the applicants under Sections 452 & 323 of the IPC. 2 2. Learned counsel for the applicant submits that conviction of the applicant is based on the perverse finding and the maximum sentence which has been awarded to the applicant is rigorous imprisonment for one year, whereas, the applicant has remained in jail for about 28 days, therefore, he may be sentenced to the period already undergone by him and the revision be allowed in part. 3. On the other hand, learned State counsel would support the impugned judgment. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 5. On the basis of the report lodged by the complainant Tilaso Bai, Crime No. 03/2016 was registered and investigation was conducted and the club was seized and convicted the applicant for the offence punishable under Sections 452, 323 and 324 IPC. 6. Vijendra (PW-2) has stated that the complainant is his aunt and she has informed that the appellant was drunk had committed maar peeth with her and thereafter he along with his wife went to meet his aunt and found that she sustained injury on his head and left hand and it was bleeding and she was taken to hospital Bagicha. Similar statement has been made by Shilawati (PW-3) and Sulochini Paikara (PW-4). 7. After going through the material on record and the evidence of the witnesses including Vijendra (PW-2), Shilawati (PW-3) and Sulochini Paikara (PW-4) which establishes the involvement of the accused/applicant in the crime in question. The finding recorded by the two Courts convicting and sentencing the applicant under Sections 452 & 323 of the IPC, is well merited and is a finding of fact based on the 3 evidence available on record, it is neither perverse nor contrary to the record and I do not find any perversity in the said finding. However, considering the fact that the applicant remained in jail for about 28 days, I hereby award them the sentence of 28 days already undergone by him. As such, affirming the conviction of the applicant under Sections 452 & 323 of the IPC, he is sentenced to the period already undergone by him ie. 28 days. However, the sentence of fine imposed by the trial Court shall remain intact. 8. The criminal revision is partly allowed to the extent indicated herein-above. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.05.08 11:35:40 +0530