Both these appeals are heard together and are being disposed off by this common judgment.

2. In Criminal Appeal (S.J.) No. 367 of 2013, appellant, Sheo Narain @ Shiv Narayan Pandit, a question has been raised during the pendency of the appeal regarding the juvenility of the appellant on the date of occurrence and a matriculation certificate was filed claiming that on the date of occurrence as per the matriculation certificate, prior to the incident, the appellant was juvenile, hence, the matter was sent to the Juvenile Justice Board for a report and a report has been received. It is reported that the appellant was juvenile on the date of occurrence as he was only sixteen years nine month and 15 days, as per the matriculation certificate and the matriculation certificate has been verified by the Bihar State Examination Board to be proved. the learned counsel for the appellants, however, contends that the appellant was already in jail in all for three years as he was in jail from 09.08.2006 to 12.03.2007 and, further from the date of conviction, i.e., 01.04.2013, till date, hence, since he has already remained in jail for three years and the provision contained in Section 15