Cr. Appeal No. 219 of 2003. 15.07.2010 Present: Appellant with Mr. M.S. Guleria, Advocate. Mr. J.S. Rana, Assistant Advocate General, for the respondent. Heard. 2. Report of the Probation Officer has been received and perused. The statement of the appellant recorded. He stated that his father is working in IPH Department at Udaipur. Appellant has three minor children, not even school going and his elder brother is unemployed and mentally retarded. The entire responsibility is on him to maintain the family. He further stated that he will not indulgence in any activity which is detrimental to the society. Further according to him, he is driver by profession. He has 22 bighas of land jointly owned with his uncle. 3. Nothing adverse has been reported against him by the Probation Officer and he has recommended his release on probation. 4. Keeping in view the entire facts and circumstances of the case, in my opinion, the appellant deserves to be shown leniency, to afford him to become a good citizen. The appellant stands convicted under Section 324 of the Indian Penal Code, the benefit of the Probation of Offenders Act will certainly give a chance to reform himself and settle down with dignity in life. -2- Accordingly, the appellant is ordered to be released by giving him the benefit of Section 4 of the Probation of Offenders Act. He is hereby directed to execute the bond in the sum of Rs.25,000/- with a surety of the like amount to the satisfaction of the learned trial Court in terms of Section 4 of the said Act within a period of one month from the receipt of certified copy of this order, to keep peace and be of good behaviour for a period of two years. In case of making any default, the appellant shall be called upon to receive the sentence. In addition to it, the appellant shall pay a sum of Rs.20,000/- as compensation to the victim PW1 Bhag Mal. Since Amount of Rs.10,000/- stands already deposited by him as fine, which shall be converted into compensation the appellant shall deposit the balance amount of Rs.10,000/- in the learned trial Court within the aforesaid period and the total amount of compensation of Rs.20,000/- shall be disbursed by the learned trial Court against proper receipt and identification to victim Bhag Mal. The matter stands disposed of. 5. Copy DASTI on usual terms. July 15, 2010 (Surinder Singh), J. (rc)