Judgment Amar Dutt, J. 1. Major Singh has filed the present appeal to challenge the conviction and sentence recorded against him by the Additional Sessions Judge, Bathinda on 13.10.1993. 2. According to the prosecution case, on 17.5.1990 at about 8.00 A.M. the complainant Raghbir Singh and his brother Jagsir Singh had gone to their field known as Naian Wala on a motor cycle for getting their tube-well repaired. When they reached the field and stepped towards the tube-well, Major Singh appeared from the nearby Kotha of Hakam Singh. He had a Kirpan in his hand and raised a lalkara that Jagsir Singh should be belaboured and taught a lesson for purchasing the land. Saying this, he had given a sword blow on the left side of the head of Jagsir Singh, which had cut the turban and caused an injury on the left cheek. Major Singh gave another blow to Jagsir Singh, who lifted his right hand to ward off the blow as a result of which his left thumb was chopped off. Another kirpan blow given by Major Singh was warded off by Jagsir Singh on his left hand resulting in an injury on the thumb and finger. Jagsir Singh had raised an alarm and ran towards the complainant whereupon Major Singh gave a blow causing injury on the left side of his back. Nand Singh, a Seeri of the complainant had also seen the occurrence and after the assailant had withdrawn from the place of occurrence, the injured was removed to Civil Hospital, Bathinda, where he was medico-legally examined. The statement of Raghbir Singh was recorded by SI Gurcharan Singh and on its basis formal FIR Ex. PW5/3 under Sections 307/326/324/34 of the Indian Penal Code was registered. On completion of the investigation, a challan was out in Court. 3. In the incident Jagsir Singh had been injured and the following injuries were found on his person :- (1) Incised wound 11 cm x 5 cm on the outer part of right hand extending up to the first phalanx of index finger. Right thumb was completely chopped off along with part of right palm. Fresh bleeding was present. (2) Superficial linear abrasion 8 cm long on the left cheek. There was corresponding cut in the turban which was sent to the police. Right thumb was completely chopped off along with part of right palm. Fresh bleeding was present. (2) Superficial linear abrasion 8 cm long on the left cheek. There was corresponding cut in the turban which was sent to the police. (3) Incised wound 3 cm x 0.5 on the back and outer part of left index finger on the medial and proximal phalanx. The underlying bone was cut. Fresh bleeding was present. (4) Incised wound cm x 0.5 cm on the outer part of left thumb. It was superficial and fresh bleeding was present. (5) Incised wound 2 cm x 1 cm on the left side of back of scapula, terminating into a linear abrasion 8 cm long. It was superficial and there was a corresponding hole in the shirt which was signed and sent to the police. Fresh bleeding was present. 4. The trial Court had after recording the evidence, convicted the appellant under Sections 326 and 324 of the Indian Penal Code and taking into consideration the fact that the appellant was first offender having four children, who were dependent upon him, sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3,000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for six months. However, no separate sentence was awarded under Section 324 of the Indian Penal Code. 5. In appeal, Mr. G.S. Dhillon, who argued the case on behalf of the appellant, confined his argument only to the quantum of sentence. He submitted that taking into consideration the fact that the appellant had already undergone rigorous imprisonment for three months and has paid the fine awarded to him, it would be but appropriate that instead of sending him back to the prison, he should be released on probation subject to such directions regarding payment of compensation and good conduct as this Court may, in the circumstances of the case, deem fit. 6. I have given my thoughtful consideration to the submissions put forth on behalf of the appellant. 6. I have given my thoughtful consideration to the submissions put forth on behalf of the appellant. Taking into consideration the fact that the incident pertains to the year 1990 and the injuries which had been sustained by Jagsir Singh are on the non-vital parts of the body and the fact that the parties are living in peace, it would be but appropriate that instead of sending the appellant to prison, he should be released on probation. Hence, the appellant is released on probation on his entering into a personal bond for a sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Bathinda, for a period of three years. During the aforesaid period of probation, he shall keep peace and be of good behaviour. At the same time he is also directed to deposit a sum of Rs. 15,000/- which shall be payable as compensation to Jagsir Singh injured. However, if the appellant fails to deposit the aforesaid amount of compensation and furnish the requisite bail bonds within a period of two months from the date of the order, his appeal shall stand dismissed and he shall undergo the remaining period of his sentence. 7. Subject to the above modification, this appeal fails and is dismissed.