JUDGMENT 1. - This appeal is directed against the judgment and order dated, July, 24, 1976, of the Sessions Judge, Balotra. whereby that learned Judge convicted the appellant Karnia under section 324 I. P. C. and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/-, or in default, further rigorous imprisonment for two months. 2. The case of the prosecution which resulted in the conviction and sentence of the appellant as aforementioned is that on the night between November 24 and 25, 1976 at about lara Karnia went to the hut of Mohan Singh (PW. 1) riding a camel and knocked at his door. Mohan Singh (PW. 1) woke up and asked as to who was there knocking at the door. Karnia did not respond. Mohan Singh came out and saw Karnia standing there armed with a sword. It is alleged that on seeing Mohan Singh, Karnia made an assault on him striking the sword on his head. Mohan Singh caught hold of the weapon in trying to save himself from Karnia. Karnia pulled the weapon back and in the process Mohan Singh suffered some injuries on the fingers of his left hand. Mohan Singh fell down as a result of these injuries. Me cried loudly. Hearing his cries, Mool Singh (PW. 3) and Sayar Singh (PW. 2), father and brother, respectively, of Mohan Singh, arrived there from their huts nearby. On seeing them, Karnia made good his escape, riding his camel. 3. Karnia remained absconding for a few months. It is alleged that he was arrested on April 26. 1975. 4. During the trial of Karnia, the prosecution examined, among others, Dr. M. L. Call a, Mohan Singh Sayar Singh and Mool Singh as witnesses in support of its case. They fully supported the prosecution story as narrated above. 5. In his statement under section 313 Cr. P.C., Karnia denied the allegations made against him and complained that he has been falsely implicated in this case due to previous enmity. He pleaded that his father had given evidence in a murder case against Mool Singh, father of complainant Mohan Singh in the present case. 6. Karnia produced one witness namely, Bnagga in his defence. He supported the defence version, to the effect that Karnia's father had given evidence in a murder case against Mool Singh. 7. He pleaded that his father had given evidence in a murder case against Mool Singh, father of complainant Mohan Singh in the present case. 6. Karnia produced one witness namely, Bnagga in his defence. He supported the defence version, to the effect that Karnia's father had given evidence in a murder case against Mool Singh. 7. Relying on the evidence of Mohan Singh, Mool Singh, Sayar Singh and Dr. M. L. Calla, the learned trial Judge convicted the appellant under section 324 I.P.C. and sentenced him to rigorous imprisonment for one year and a fine of Rs. 200/-. As already stated, Karnia has appealed. 8. Learned counsel for the appellant has frankly conceded that on the evidence as it appears on the record, the offence under section 324 I. P. C. is proved against Karnia. He, however, pleaded that Karnia, is deserving of release on probation of good conduct. No previous conviction is proved against Karnia. Having regard to the facts and circumstances of the case and antecedents of the appellant, I am of opinion that Karnia should be released on probation of good conduct. 9. I would accordingly dismiss this appeal in so far as the order of conviction is passed against the appellant under section 324 I. P. G. is concerned. I would however, set aside the order of sentence. Instead of sentencing the appellant at once to any punishment, I direct that he be released on his entering into a bond in the amount of Rs. 1,000/- with one surety in the like amount to appear and receive the sentence wherever he is called upon to do so during the period of one year from the date of execution of the bonds and in the meanwhile to keep the peace and be of good behaviour, The requisite bonds may be executed within a period of two months from today. This order will be communicated to the trial., court immediately for prompt compliance. Sd/- K.S. Sidhu, J.Appeal partly allowed. *******