ASHUTOSH MOHUNTA, J. - (1.)The appellant-Sukhdev Raj has been convicted by the Sessions Judge, Jalandhar, vide judgment dated 25.10.2000 under Section 308 IPC and has been sentenced to undergo RI for 3 years and to pay a fine of Rs.15,000/- and in default, to further undergo RI for one year. Against his conviction, the appellant has preferred the present appeal.
(2.)Learned counsel for the appellant states that the fine already stands paid. Today, the complainant-Balbir Singh has appeared before me in person and has filed an affidavit. The same is taken on record. In the affidavit, it has been averred that he has compromised the matter with the accused-Sukhdev Raj and that he does not want to pursue the case any further against the appellant. The complainant-Balbir Singh has been identified by Head Constable Ramel Singh, posted at Police Station Nakodar.
(3.)Counsel for the appellant contends that although Section 308 IPC is not compoundable but as the appellant has been sentenced to undergo RI for 3 years, therefore, the appellant be released on probation. As per Section 360 (1) of the Code of Criminal Procedure when any person not under 21 years of age is convicted of an offence for which the imprisonment is for a term of 7 years or less and where there is no previous conviction against such a person then the person can be released on probation of good conduct.