JUDGMENT Hon’ble Alok Singh, J. Present appeal is directed against the judgment and order dated 27.08.2013, passed by learned Sessions Judge, Pithoragarh, in Session Trial No. 28 of 2010, whereby appellant was held guilty for the offence punishable under Section 338 I.P.C. and was sentenced to undergo rigorous imprisonment for a period two years and to pay a fine of Rs.1,000/- and in default of making payment of fine, to undergo additional simple imprisonment for a period of three months. 2. As per the prosecution story, on 12.04.2010, accused came at the shop of Pradeep Mahar at about 10:00 a.m. with his service rifle; when he was fixing the magazine in the rifle, his rifle got fired and injured his servant Manoj Giri at his right palm; complainant and his servant Dinesh Chandra shifted the injured Manoj Giri with the help of the appellant to Mallikarjun hospital. 3. Mrs. Pushpa Joshi, learned Senior Counsel vehemently submitted that admittedly it was a case of accidental fire, therefore, instead of sending the appellant in jail, he may be released on probation for two years under Section 4 of the Probation of Offenders Act, 1958. Learned counsel for the appellant further submitted that appellant is ready to pay compensation to the tune of Rs.25,000/- to the injured under Section 12 of the Probation of Offenders Act. 4. Mr. S.K. Chaudhary, learned Addl. G.A. submitted that appellant has no criminal antecedent to his credit, therefore, he may be enlarged on probation for a period of two years as suggested by learned counsel for the appellant and he may be directed to pay compensation to the injured. 5. Having heard learned counsel for the parties and having perused the record, I find force in the suggestion made by the learned counsel for the appellant. 6. Therefore, present appeal is allowed in part. Conviction of the appellant is hereby affirmed. However, instead of sending him to jail to serve out the sentence, appellant be released on probation for a period of two years on furnishing his personal bond, affidavit and two sureties to the effect that he shall not indulge in criminal activity for the next two years and shall maintain high moral conduct to the satisfaction of the learned Chief Judicial Magistrate, Pithoragarh. Appellant shall also deposit Rs.25,000/- before the Chief Judicial Magistrate as compensation at the time of furnishing his personal bond and affidavit over and above find of Rs.1,000/- as directed by t learned Trial Court. On deposit of compensation, learned Magistrate shall issue notice to the injured Manoj Giri and Rs. 25,000/- plus fine of Rs.1,000/- so deposited by the appellant shall be paid to the injured by the learned Chief Judicial Magistrate as compensation. 7. Bond, affidavit, compensation and fine shall be furnished before the Chief Judicial Magistrate within four weeks from today. If affidavit, bonds, fine and compensation as ordered by this Court is not furnished/deposited within four weeks from today, appeal shall be deemed to have been dismissed and appellant shall be taken into custody to serve out the sentence as awarded by the learned Trial Court. 8. Let copy of the judgment alongwith L.C.R. be sent back to the lower court for information and compliance.