M.L. Jain, J. - (1.) This appeal is directed against the judgment of the learned Additional Sessions Judge, Gangapur City, dated 29th September, 1976. by which he has convicted and sentenced the appellants as follows : JUDGEMENT_41_LAWS(RAJ)3_19771.html The prosecution case, in brief, is that on 1st January. 1976, at about 4 p. m. the accused having been annoyed, over their land having been allotted to Mangal complainant a Harijan by caste, He was called to the Panchayat and man-handled and the thatch of his brother Chiranji was set to fire by the accused. Since then, Chiranji has made an application in this court that the property that was burnt was just of the value of Rs. 25/- and the matter has been compromised between him and the accused. The learned counsel for the appellants now submits that the case is based upon contradictory evidence and the case is not covered by section 436 IPC, but is covered only by section 435 IPC and further that the matter has been amicably settled between the parties. In view of these circumstances, Rati Ram should be granted benefit of probation and the sentence of Harvir be reduced to what he has already undergone. He has suffered imprisonment for about a week before the trial and for about six months after his conviction. I have perused the record and heard the learned Public Prosecutor as well. It appears to me that it is a fit case in which Ratiram should be granted the benefit of probation, having regard to the circumstances and nature of the case and character of the offender. Similarly, it further appears that ends of justice will be met fully if the sentence of Harvir appellant is also reduced. Consequently, I partly accept this appeal and direct as follows : (1) The convictions of both the appellants shall be maintained ; (2) The sentence of Ratiram is set aside and instead it is directed that he shall be released provided he furnishes personal bond in the amount of Rs. 2000/- and one surety in the like amount to the satisfaction of the learned Additional Sessions Judge, Gangapur City undertaking to appear and receive sentence when called upon to do so within a period of one year and in the meantime to keep peace and be of good behaviour. He is allowed two months time to furnish the aforesaid bond. (3) The sentence of imprisonment of Harvir is reduced to what he has already undergone. The amount of fine of Rs. 500/- shall be reduced to Rs. 200/-. The appellant Harvir is in jail and it is directed that he shall be released forthwith provided he is not required in any other case. He is allowed to deposit Rs. 200/-, the amount of fine, within two months. If he fails to do so, then he shall be required to undergo simple imprisonment for one month.;