S. B. Sinha, J. - (1.) Leave granted.
(2.) Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 23.04.2007 passed by a learned Single Judge of the High Court of Judicature at Andhra Pradesh in Criminal Appeal No. 1159 of 2002 whereby and whereunder it, while upholding the judgment and conviction of sentence passed by the learned Additional Sessions Judge under Section 304 Part I of the Indian Penal Code and setting aside the order of sentence of imprisonment of seven years, released the appellant under the Probation of Offenders Act, 1958 (for short "the Act") by purporting to grant appropriate amount of compensation to PW-2, directing : "...Thus, it is ordered that the appellant shall be released under Section 4 of Probation of Offenders Act, 1958 on his executing a personal bond for Rs. 10,000/- to keep peace for a period of two years and on his further payment of compensation of Rs. 1,00,000/- (Rupees one lakh only) to P.W.2, wife of the deceased, under Section 5 of the Probation of Offenders Act, 1958. As the provisions of the Probation of Offenders Act, 1958 do not provide for default sentence in case of failure to pay compensation and provide only for recovery of the same as fine, it is specifically ordered that the compensation awarded shall be treated as the one under Section 357 Cr.P.C. as well and in case of failure on the part of the appellant to pay compensation, he shall undergo imprisonment for three years. Time for payment of compensation is three months from the date of receipt of a copy of this order."
(3.) This Court while issuing notice directed the appellant also to show cause as to why the sentence shall not be enhanced.;