IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPEAL NO. 83 OF 2010 STATE THROUGH QUEPEM POLICE STATION, ... Appellant Versus MEHTAB KHAN ... Respondent Shri C. A. Ferreira, Public Prosecutor for the Appellant. Coram:- N. A. BRITTO, J. Date:- 14th December, 2010 P.C.:- Heard Shri C. A. Ferreira, learned Public Prosecutor on behalf of the Appellant. On facts of the case, the learned Additional Sessions Judge has come to the conclusion that the accused had assaulted deceased Ranjit with a danda on his head, in a sudden fight and without premeditation, and, therefore scaled down the conviction under Section 304(II). The learned Additional Sessions Judge called for a report of the Probation Officer under Section 4 of the Probation of Offenders Act, 1958. The report of the Probation Officer favoured the accused. The accused is a young man of 21 years of age who is gainfully employed and considering that, the learned Additional Sessions Judge has extended to him the benefit of Section 4 of the Probation of Offenders Act, 1958. Considering the facts of the case, this is not a case for interference. The learned Additional Sessions Judge has exercised his discretion correctly in releasing the Appellant/Accused under Section 4 of the Probation of Offenders Act, 1958. Accordingly, the appeal is hereby dismissed summarily. N. A. BRITTO, J. RD.