JUDGMENT 1. - The appellants have preferred this appeal against the judgment dated 16.10.1982 made by Additional Sessions Judge No. 1, Jodhpur Camp, Jaisalmer in Sessions Case No. 13/82 whereby the appellant Peerdan Singh was convicted under Sections 147, 325 read with 149, 325 and 392, IPC, Mahasingh, Nagsingh, Gen Singh were convicted under Sections 147, 324/149,325, IPC and Anar Singh under Sections 148 and 325, IPC. The appellants except Peerdan Singh were granted the benefit of probation and they were released on furnishing personal bond and surety bonds for keeping peace and good behaviour under Section 4 of the Probation of Offenders Act for a period of one year. However, this benefit was denied to appellant No.1 Peerdan Singh and he has been sentenced to various terms of imprisonment and fine. 2. I have heard the learned Counsel for the appellants and the learned Public Prosecutor, perused the impugned judgement and also the evidence on record. The learned Counsel for the appellants has not advanced any argument on the point of conviction of the appellants for the various offences as stated above and confined his arguments only to the point of sentences awarded to them by the Trial Court. I have also considered the evidence on record which has been properly discussed and appreciated by the learned trial Judge and I agree with the findings regarding the conviction of the appellants for the above stated offences. Hence the conviction recorded against the appellants does not call for any interference. 3. However, the teamed Counsel for the appellants submitted that Peerdan Singh appellant should have been also released on probation like other appellants and there were no distinguishing features or such circumstances as to decline the benefit of probation to him. The learned Public Prosecutor opposed this contention on the ground that the learned Trial Court has held that the intention of appellant Nos. 2 to 5 was only to cause hurt to injured Kachhab Singh and not to forcibly remove any property from his possession or his wife. Peerdan Singh committed robbery of ear-ring of the wife of injured Kachhab Singh and it was the individual act. Therefore, he has been convicted under Section 392, IPC. This is a serious offence and therefore, the learned Trial Court declined to extend the benefit of probation. Peerdan Singh committed robbery of ear-ring of the wife of injured Kachhab Singh and it was the individual act. Therefore, he has been convicted under Section 392, IPC. This is a serious offence and therefore, the learned Trial Court declined to extend the benefit of probation. It is further contended on behalf of the appellants that the incident took place in the year 1981 and the appellants have undergone protracted criminal proceedings for the last 18 years. In view of this fact, Peerdan Singh appellant No.1 maybe now granted the benefit of probation. The learned Public Prosecutor submitted that in case Peerdan Singh is also granted benefit of probation then he must also compensate the injured who remained in the hospital for treatment for a long time. 4. I have considered the rival submissions. In view of the overall facts and circumstances of the case, I am inclined to agree with the learned Counsel for the appellants that Peerdan Singh should also be released on probation now and he should pay a compensation of Rs. 500/- to injured Kachhab Singh. 5. In the result, the appeal is partly allowed. The conviction of the appellants for the various offences as stated above by the impugned judgement is hereby maintained. The sentence of imprisonment and fine awarded to the appellant No. 1 Peerdan Singh for the various offences under the impugned judgement is hereby set- aside and he is ordered to be released on probation under Section 4 of the Probation of Offenders Act on furnishing a personal bond of Rs. 5,000/- and a surety in the like amount to the satisfaction of the Trial Court for maintaining peace and good behaviour for a period of two years. It is also ordered that Peerdan Singh shall pay a compensation of Rs. 500/- to the injured Kachhab Singh. Peerdan Singh is directed to deposit the compensation amount of Rs. 500/- within one month from today in the Trial Court failing which the appellant Peerdan Singh shall undergo the various terms of imprisonment awarded to him under the impugned judgement of the Trial Court and shall also be liable to pay fine and undergo imprisonment in default of payment of fine. The learned Trial Court is directed to imprisonment this order and on deposit of the amount to make payment to Kachhab Singh.Appeal Partly Allowed. *******