ORDER :

1. Challenge in this revision is to judgment dated 05.03.2016 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 Section 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/-.

2. Case of the prosecution in brief is that on 15.09.2011 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. Thereafter, complainant came back to his house