1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 168 of 2026 Beeru Saytode S/o Ramcharan Saytode Aged About 57 Years R/o Ward No. 15, Police Station Bhatgaon, District : Sarangarh-Bilaigarh, Chhattisgarh ... Applicant versus The State Of Chhattisgarh Through The District Magistrate, Sarangarh, District Sarangarh-Bilaigarh, C.G. (As Per Cause Title) Whereas The Station House Officer Bhatgaon, District : Sarangarh-Bilaigarh, Chhattisgarh ... Respondent For Applicant : Shri Punit Ruparel, Advocate. For Respondent/State : Mrs. Nand Kumari Kashyap, P.L. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 13/05/2026 Heard. 1. The present revision filed under Section 438/442 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, the B.N.S.S. 2023) is directed against the judgment of conviction and order of sentence dated 20.01.2026 passed by the Additional Judge to the Court of Additional Sessions Judge, Sarangarh-Bilaigarh, Dist. Raigarh (C.G.) in Criminal Appeal No.24/2025 whereby the learned appellate Court partly allowed the appeal, while maintaining the conviction of the applicant under Section 326 of IPC, as passed by the J.M.F.C. Bhatgaon, Dist. Sarangarh-Bilaigarh in Criminal Case No. 561/2019 vide its judgment Digitally signed by ALLENA ANJANI KUMAR Date: 2026.05.13 18:07:28 +0530 2 dated 17.06.2025, has reduced the sentence to RI for 1 year from RI for 3 years, but enhanced the fine amount to Rs.10,000/- from Rs.1,000/- and in default thereof, to undergo further imprisonment for 5 days instead of RI for one month, as passed by the J.M.F.C. 2. Case of the prosecution, in brief, is that on 19.08.2019 at about 10:00 am, while complainant Lakeshwar Saitode was spreading fertilizer in his field, his elder brother, accused/appellant, came and abused him over a land dispute and assaulted him with an iron crowbar on his head and right ankle, causing serious injuries. On report being lodged to the above effect by the complainant Lakeshwar Saitode (P.W.1), offence under Crime No.138/2019 has been registered at Police Station Bhatgaon against the applicant. 3. After completion of investigation, charge sheet was filed before Judicial Magistrate First Class, Sarangarh-Bilaigarh against the applicant, who abjured the charge under Sections 294, 506-B, 323 & 326 IPC and pleaded non-guilty. 4. The Court of JMFC, after appreciation of oral and documentary evidence, convicted the applicant under Sections 326 IPC and sentenced him to undergo RI for 3 years with fine of Rs.1,000/- and in default, further RI for one month, while acquitting him of the charges under Sections 294, 506-B IPC. In appeal, the appellate Court allowed the appeal partly, as mentioned in opening paragraph. Hence, this Revision by the present applicant. 5. Learned counsel for the applicant submits that he does not want to challenge the conviction of the applicant and confined his argument to sentence part, which, according to him, is on higher side. He further submits that the dispute arose between the applicant and the 3 complainant over the land, which is trivial in nature. He further submits that the applicant is in jail from 14.10.2019 to 15.10.2019 and again from the date of judgment, i.e., 20.01.2026 till date, i.e. 13.05.2026, thus, he has been incarcerating the jail sentence for a period of 3 months and 23 days, he has no criminal antecedents and that, he is facing the lis since 2019, i.e., for more than 6 years. He also submits that fine amount has been deposited. On these premises, he urged that the jail sentence awarded to the applicant may be reduced to the period already undergone by him. 6. On the contrary, learned State Counsel opposes the revision and supports the impugned judgment. 7. I have heard learned counsel appearing on behalf of the parties and perused the record. 8. Considering the statement of complainant PW-1 Lakeshwar Saitode supported by the evidence of P.W.2 Ramchand Saitode, P.W.7 Mahesh and medical evidence of P.W.6 Dr. Vikas Naik, who proved the M.L.C. report (Ex.P.10) and the other evidence and material available on record, this Court is of the opinion that the finding of conviction recorded by the learned trial Court as well as the Appellate Court being based on the evidence available on record is a correct finding and I hereby affirm the said finding. 9. As regards the sentence part, considering the facts and circumstances of the case and also considering the fact that the applicant is in jail from 20.01.2026 till date and thus has been incarcerating jail sentence for a period of 3 months and 23 days, facing the lis since 2019 i.e. for more than 6 years, there are no criminal antecedents against him and that, fine amount has already been deposited, I am of the view that 4 ends of justice would be met if, while upholding the conviction imposed upon the applicant, the jail sentence awarded to him is reduced to the period already undergone by him. 10. Consequently, the revision is partly allowed. 10. Consequently, the revision is partly allowed. While maintaining conviction of the applicant under Section 326 of IPC, the sentence imposed thereunder by the Appellate Court is hereby modified and he is sentenced to the period already undergone by him. However, the fine sentence and default sentence is affirmed. 11. It is reported that the applicant is in jail. It is directed that the applicant be set at liberty forthwith, if not required in any other case. 12. A copy of this order be sent to the concerned trial Court as well as to the concerned Superintendent of Jail for information and necessary action. Sd/- (Radhakishan Agrawal) JUDGE Anjani