ORDER :

Leave granted.

2. In this appeal filed by the appellant which is against his conviction under Section 302 of the Indian Penal Code by the Sessions Court and upheld by the High Court, main contention of the appellant is that he was a juvenile on the date of the incident, i.e., on 23.03.1996.

3. As such a plea was raised, the matter was directed to be inquired into by the Trial Court, i.e., by the Court of Additional District & Sessions Judge II, Tikamgarh, M.P.

4. Inquiry report dated 01.08.2016 has been sent by the II Additional Sessions Judge, District Tikamgarh, M.P., wherein it is stated that on the date of the incident, the age of the appellant was 16 years 11 months and 8 days.

5. It is clear from the said report that the appellant was a minor on the date of incident. As he has already suffered incarceration for more than 3 years, his remaining sentence is set aside. If not on bail, the appellant shall be released forthwith unless required in any other case in which he is tried as a major.

6. The appeal is allowed in the aforesaid term.

Appeal allowed.