ORDER :

1. This criminal revision is filed against the judgment dated 20.01.2016 passed in Criminal Appeal No. 90/2015 whereby learned Additional Sessions Judge, (FTC) Dhamtari dismissed appeal of applicant and affirmed the judgment of conviction and order of sentence dated 29.7.2015 passed by the Judicial Magistrate 1st Class Dhamtari in Criminal Case No. 587/2014 convicting applicant under Sections 326 of the Indian Penal Code, 1860 (for short ‘IPC’) and sentencing him to undergo RI 01 year & 06 months with fine of Rs.500/- in default to undergo SI for 01 month.

2. Facts of the case, in brief, are that on 06.07.2014 at about 10:00 a.m. applicant had broken the hedge constructed by complainant in her agriculture field and took water to his field without her permission. When husband of complainant asked applicant as to why he took water, the applicant started uttering abusive words; assaulted him by means of iron pickaxe and also gave threat of life. Due to assault made by applicant, left cheek of husband of complainant of pierced and his tooth was broken. Report of incident was made in concerned police station based on which Crime No. 218/14 for commission of offence punishable unde