- (1.) Leave granted.
(2.) The appeal arises from a judgment of a Division Bench of the High Court of Judicature for Rajasthan dated 18 January 2017. The High Court partly allowed D.B. Criminal Appeal No. 150 of 1985 filed by the appellant and, while setting aside his conviction for an offence under Section 302 of the Penal Code, ordered conviction under Section 304 Part II. The appellant was directed to undergo simple imprisonment for four years and to pay a fine of Rs. 2,000.
(3.) When the appeal came up before this Court on 10 September 2018, a claim of juvenility was raised. This Court, passed the following order: "There will be a direction to the Chief Judicial Magistrate, Tonk, Rajasthan to enquire into the claim made by the petitioner that he was juvenile at the time of commission of offence in 1984 and submit a report to this Court, within three months. The petitioner is directed to produce a copy of this order along with the available records before the Chief Judicial Magistrate, Tonk. List on 14.12.2018.";