VIKRAMAJIT SEN, J.

( 1 ) BY this common Order I shall dispose of both the Criminal Appeals together.

( 2 ) IN Criminal Appeal No. 511/99 the Appellant was charged under Section 307/34 IPC and FIR No. 114/1998 was registered. He was convicted by the Sessions Judge and sentenced to imprisonment of five years with a fine of Rs. 2,000/-, in default a further period of three months rigorous imprisonment. In Criminal Appeal No. 514/1999 the Appellant was charged under Section 394/34, 307/34, 397 IPC and Section 25 of the Arms Act and FIR No. 169/1998 was registered. He was convicted by the Sessions Judge and sentenced to imprisonment for five years with a fine of Rs. 2000/-, in default a further period of three months rigorous imprisonment.

( 3 ) ON appeal before this Court, the matter was remanded to the Sessions Judge to determine the age of the Appellant. The Sessions Judge in his report dated 24. 1. 2000 has recorded the following conclusions and findings:-

"in view of the evidence discussed above, the finding is given that at the time of commission of offence on dated 7. 3. 1998 in case FIR No. 114/1998 and the date of the commission of the offence on dated 10. 4. 1998 in case FIR No

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