Cr. Appeal No. 92 of 1996 with Cr. Appeal No. 132 of 1996. 21.05.2010 Present: Mr. Vivek Thakur, Addl. Advocate General for the State. Mr. Rakesh Jaswal, Advocate, for the accused. Mr. Vinay Thakur, Advocate, for the complainant. We had pronounced a judgment in this case on 17.3.2010 and altered the conviction of the appellant/accused from that under Section 304 –II IPC to one under Section 324 IPC. On the question of sentence we had passed the following order:- “The incident occurred more than 17 years back. No doubt the offence in question is a serious offence but the fact remains that the accused did not go armed and the intention was not to kill the deceased. Therefore, we feel that the accused may be entitled to the benefit of the Probation of Offenders Act, 1958 subject to certain terms and conditions including payment of compensation in terms of Section 5 of the said Act. However, before any orders are passed in this behalf, report of the Probation Officer concerned is required. Accordingly, the Probation Officer, Tehsil Sarkaghat, District Mandi, H.P. is directed to submit his report as to whether the accused Sashi Pal son of Shri Krishan Dev Brahmin, R/o Village Narola, Illaqua Hatli, Tehsil Sarkaghat, District Mandi, H.P. is a fit person to whom benefit of the Probation of Offenders Act should be granted or not. This report be submitted to the Court within four weeks from today.” 2. The Probation Officer has now submitted his report and according to him there is no objection to the grant of probation to the appellant/accused. He has also reported that the accused -2- belongs to a poor family. Keeping in view the report of the Probation Officer as well as the facts already noted in our Judgment dated 17.3.2010 quoted hereinabove we direct that the accused shall be given the benefit of the Probation of Offenders Act, 1958 on his executing a bond to maintain good conduct for a period of three years from today and in case he violates the conditions of the bond and is found guilty of breach thereof or not maintaining good behaviour he shall appear to receive the sentence if so required. 3. The appellant/accused is also directed to pay a penalty of Rs. 25,000/- (Rupees twenty five thousand) as compensation in terms of Section 5 of the Probation of Offenders Act, 1958. The appellant may deposit the amount of compensation within a period of four months from today. Compensation shall be paid to the legal heirs of the deceased Sukh Ram. In case compensation is not paid within the aforesaid period the appellant shall be called upon by this Court to serve the sentence. Question of quantum of sentence shall be considered at that time. The amount of compensation be deposited in the trial Court. (Deepak Gupta), Judge. (Sanjay Karol), Judge. May 21, 2010 (PK)