Cr. Appeal 439 of 2001 24.12.2008 Present Mr. Vinay Thakur, Advocate, with the appellant. Mr.J.S.Guleria, Law Officer, for the respondent-State. The convict-appellant has been heard on the point of sentence. His statement has been recorded separately. Mr. Thakur, learned counsel for the appellant has argued that the incident in question had taken place more than a decade back and the appellant was facing torture of trial and uncertainty in appeal. During the trial he also remained in custody for about 12 days. His mother is aged about 80 years old and has his family to look after from the carpentry shop. Report of the Probation Officer was also called for, nothing adverse has been reported against him. I have also heard Mr.J.S.Guleria, Learned Law Officer. He has submitted that sentence in accordance with law may be passed. I have given my anxious consideration to the contentions raised by the convict-appellant. From the record, it appears that the appellant is not a dangerous / hardened criminal. The incident in question took place during the night, when the injured met him in the drunken condition, accompanied by his companion. It is also noticed that the occurrence was an outcome of sudden flare up. The appellant is neither a previous convict nor a desperate character. Looking at the time gap when the incident had taken place and his character and antecedents, in placing such type of offender, on probation, his future would be protected from stigma and possible contamination of prison. I have already said that the convict-appellant had no intention to commit the murder. After appreciating the extenuating and exonerating circumstances, the extension of benefit of the beneficial legislation applicable to the first offender cannot be said to be a misplaced sympathy. In the facts and circumstances of the instant case, the convict- appellant is hereby directed to be released on probation, under section 4 of the Probation of Offenders Act, on his executing bonds in the sum of Rs.20,000/- with one surety of the like amount, for a period of one year to keep peace and not to indulge in such type of activities, to the satisfaction of the learned trial court, within a period of three weeks from today. It is further ordered that the convict- appellant shall also deposit a sum of Rs.10,000/- within the aforesaid period, as compensation to be paid the injured Manohar Lal (PW-4) within a period of three weeks from today, in the learned trial court, failing which, the amount of compensation shall be recoverable, as a fine. Accordingly, the matter stands disposed of. Copy of this order be given dasti to the appellant. December 24, 2008 (Surinder Singh),J. (D)