Cr. Appeal No. 225 of 1996. 09.11.2010. Present: Mr. Vivek Thakur, Additional Advocate General, with Mr. Rajesh Mandhotra, Deputy Advocate General, for the appellant. Mr. K.D. Sood and Rajeev Sood, Advocates alongwith the accused. Vide judgment dated 13th August, 2010, the appeal filed by the State was allowed and the accused was convicted of having committed an offence punishable under Section 304-II, I.P.C. 2. On 10th September, 2010, we had heard the accused and his counsel on the quantum of sentence. We had observed as follows: “It is apparent from the record that the accused remained behind bars for about more than six months during the course of trial. He is now working as a Clerk in the Punjab National Bank. He is presently 38 years of age and was about 22 years old when the offence in question took place. As held by us in the judgment itself, it was an offence which was committed in the heat of moment and, thereafter, on the next day, the accused himself surrendered in court. Taking into consideration all these facts, we feel that it may be a fit case where the accused should be given benefit of Probation of Offenders Act, subject to his paying some reasonable compensation under Section 5 of the said Act. Therefore, the report of the Probation Officer, District Kangra be called for with regard to the conduct of the accused, namely Narender Kumar alias Bablu, S/o Shri Bal Krishan, r/o Village and Post Office Sunet, Tehsil Dehra, : 2 : District Kangra, who is presently employed as Clerk in the Punjab National Bank, Jawalamukhi. The Probation Officer shall not make only a formal report but will go into the antecedents of the accused for the last sixteen years and find out whether the accused has indulged in any sort of anti-social or illegal activity during this period of 16 years. The report complete in all respects be submitted to this Court within a period of six weeks from today.” 3. The Probation Officer has submitted his report and as per his report, the accused bears a good moral character and is employed as Clerk in Punjab National Bank, Jawalamukhi. It is also mentioned that the family of the accused is entirely dependent upon him. The Probation Officer has recommended that the accused is a person, who can be granted the benefit of Probation of Offenders Act. 4. Keeping in view the report of the Probation Officer, it is ordered that the accused shall be released on probation of good conduct on his executing a bond that he shall bear good conduct for a period of two years and that if he violates the conditions of the bond, he shall appear to undergo the sentence to be imposed upon him. This order is, however, subject to the condition that the accused shall within a period of twelve weeks from today deposit a sum of `1,00,000/- as compensation in terms of Section 5-A of the : 3 : Act in the Registry of this Court. In case the accused does not execute the bail bond and deposit the fine within the aforesaid period, he shall be called upon and be heard on the issue of quantum of sentence to be imposed upon him. The amount, if deposited, shall be paid as compensation to the widow of the deceased. In case the widow is not alive, then the amount shall be paid to the other legal heirs of the deceased, in equal shares. 5. The appeal is disposed of accordingly. (Deepak Gupta) Judge. (Rajiv Sharma), Judge. November 09, 2010. (bhupender)