Cr.A.No.161/2002. 15.6.2009. Present: Mr. Vinay Thakur, Advocate with Appellant-Bhagat Ram. Mr. Vikas Rathore, Addl. Advocate General for the respondent. Appellant-Bhagat Ram along with his Co- accused Sant Ram and Kewal Ram were convicted and sentenced under Section 307 read with Section 34 I.P.C. by the learned trial Court on 26.3.2002. In appeal the conviction of Sant Ram and Kewal Ram was converted into Section 323 read with Section 34 I.P.C. accordingly they were admonished. Whereas the conviction of appellant-Bhagat Ram was converted under Section 325 I.P.C. The report of Probation Officer was called for. Nothing adverse has been reported against him. The complainant-Suresh Kumar is now married in the family of Bhagat Ram and moved an application and stated in his affidavit that he has compounded the matter. Since the compounding is without the leave of court, therefore it cannot be allowed. Therefore, his application is dismissed. The incident in question had taken place on 16.12.1996. Suresh Kumar is also present today and has prayed for leniency to the appellant so as they maintain cordiality in the family. His statement has been separately recorded. After hearing the learned counsel for the parties, in view of the peculiar situation stated above, instead of sending appellant-Bhagat Ram to jail he is ordered to be released on probation by giving him the benefit of Section 4 of the Probation of Offenders Act to keep peace and be of good behaviour for the period of three years. Thus he shall execute the bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the learned trial Court and he shall also deposit an amount of Rs.10,000/- (Ten thousand only) in the learned trial Court within four weeks from today which shall be paid to the complainant. In addition, he shall also deposit the amount of Rs.3,000/- as expenses of the proceedings within the aforesaid period. Failing to deposit the above amount (Rs.10,000/-+Rs.3,000/-) it shall be recoverable as a fine as per the provisions of Section 431 read with Section 421 Cr.P.C. The matter stands disposed of. Ordered accordingly. Send down the records. (Surinder Singh), Judge. June 15, 2009(R).