2026 Supreme(Ori) 321
IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH, J.
Tian @ Nilakantha Naik @ Harijan - Petitioner
Versus
State of Odisha - Opposite Party
CRLREV No.149 of 2026
Decided On : 10-03-2026
For the Petitioner:Mr. P.R. Behera, Advocate
For the Opposite Party : Mr. A.K. Pati, ASC
Important Points
Subject
Criminal Law - Revision Applications
Act Referred
Headnote
(B) Criminal Procedure - Revisional jurisdiction - Court should interfere only when there is a clear case of perversity in the appreciation of evidence - Court affirmed the decisions of lower courts as just and reasonable. (Paras 7, 9)
Facts of the case:
The Petitioner assaulted the Informant with a broken beer bottle, resulting in injuries. Initially charged under multiple sections including Sections 341 and 324 IPC. Plea of defense was one of denial.
Findings of Court:
No grounds for interference found; however, punishment reduced to time already served in the interest of justice.
Issues: Whether the appreciation of evidence by the trial court was perverse and whether the sentence warranted any reduction.
Ratio Decidendi: The court held that there was no evidence of perversity in the lower courts’ analysis, and emphasized scrutiny by Higher Courts must be judicious; fit to confine punishment to time served based on the circumstances of the case.
Result: Criminal Revision disposed of with punishment confirmed as the time already served.
| Table of Content |
|---|
| 1. conviction details and context. (Para 1 , 2 , 3) |
| 2. assessment of evidence by the trial and appellate court. (Para 4 , 9) |
| 3. arguments from counsel regarding evidence. (Para 7 , 8) |
| 4. decision on sentence reduction based on incarceration. (Para 11 , 12) |
| 5. conclusion and order of the court. (Para 14 , 15) |
JUDGMENT :
V. Narasingh, J.
1. The Criminal Revision has been filed assailing the Judgment dated 15.10.2025 passed by the learned Additional Sessions Judge, Dharamgarh, Kalahandi in Criminal Appeal No.22 of 2024 thereby affirming the judgment and order of conviction dated 11.12.2023 of the Petitioner passed by the learned Assistant Sessions Judge, Jaipatna in C.T. Case No.110/56 of 2023 (corresponding to Jaipatna P.S. Case No.433 of 2022) under Sections 341 /324 of Indian Penal Code, 1860 (hereinafter referred to as IPC ) and sentencing him to undergo S.I. for fifteen days for the offence under Section 341 and to undergo S.I. for two years for the offence under Section 324 and directing both the sentences to run concurrently.
2. It is the case of the prosecution that on 02.12.2022 at about 9:10 PM, while P.W.5 (Informant/injured) was talking with his friends in front of Jayguru Temple at Mukhiguda, the accused- Petitioner abused and threatened him and assaulted him with a broken beer bottle, causing injuries. On the basis of the written report, Jaipatna P.S. Case No.433 dated 02.12.2022 was registered under Sections 341 /294/324/307 IPC . After completion of investigation, charge-sheet was submitted on 28.02.2023 under /294/324/307 .
And, the Petitioner faced trial for committing the offence under Sections 341 /294/324/307 of IPC .
The plea of defence is one of complete denial and false implication.
3. To drive home the charge, the prosecution examined 11 witnesses of whom P.W.5, the Informant and Injured, P.W.7, the ocular witness, P.W.6, the Medical officer and P.W.11, the investigating officer are of significance. Several documents were exhibited and marked as Ext.P-1 to P-71 Neither oral nor documentary evidence was adduced on behalf of accused Petitioner.
4. On considering the evidence on record and the materials, the learned Trial Court while acquitting the Petitioner of the offence under Sections 294 /307 of IPC and refusing to consider the prayer of the Petitioner to be dealt with under the provisions of the P.O. Act, sentenced the Petitioner to undergo S.I. for fifteen days for the offence under Section 341 of and to undergo S.I. for two years for the offence under Section 324 of . Both the sentences were to run concurrently.
5. On appeal, the conviction and the imposition of sentence having been upheld, the present Criminal Revision has been filed.
6. Heard learned counsel for the Petitioner and learned counsel for the State.
7. It is submitted by the learned counsel for the Petitioner that the appreciation of the evidence by the learned Courts below is ex facie perverse, thereby calling for interference by this Court in exercise of its revisional jurisdiction.
8. Learned counsel for the State, on the other hand, referring to the evidence on record and the analysis thereof by the learned Courts below and referring to the contours of revisional jurisdiction of this Court submits that the matter does not merit consideration and the Revision is liable to be rejected.
9. On considering the materials on record, this Court is of the considered view that prima facie there is no perversity in the matter of appreciation of the evidence on record by the learned Trial Court as well as Appellate Court so as to warrant any interference.
10. During the course of hearing, it is brought to the notice of this Court that the Petitioner, who is lodged in Sub-Jail, Dharamgarh, Dist.-Kalahandi, out of the total period of twenty-four months, has suffered incarceration for twenty-three months. The memo filed to that effect is taken on record.
11. Considering the period of incarceration already undergone and the submission tha