Heard Mr. R. Dutta, learned counsel for the appellant, and Mr. P. Bhattacharjee, learned Additional Public prosecutor, appearing on behalf of the respondents. By the impugned judgment and order, dated 24.6.2009, passed in Sessions Trial Case No. (WT/A) 73 of 2005, by the learned Additional Sessions Judge, West Tripura, Agartala, the accused-appellant stands convicted under section 302, IPC and he has been sentenced to suffer imprisonment for life with fine of Rs. 5,000 and, in default of payment of fine, suffer rigorous imprisonment for a further period of six months. Aggrieved by his conviction and sentence passed against him, this appeal has been preferred by the convicted person, namely, Sahid Debbarma @ Alem Debbarma @ Elem Debbarma. During pendency of the appeal, an application was made, whereby the appellant contended that at the time, when the offence, in question was allegedly committed by him, he was a juvenile. This application gave rise to CM Application No. 198 of 2010. By order, dated 8.10.2010, passed in CM Application No. 198 of 2010, this court directed an inquiry to be made to determine if the appellant was juvenile on the date of the alleged occurrence. Following the direction, so issued, the learned District and Sessions Judge, West Tripura, Agartala, has held an inquiry and has submitted his report. We have minutely examined the report and we find that the appellant, in terms of the materials on record, which have, now, surfaced, was juvenile. He could not have, therefore, been tried as has been done in the present case and his case ought to have been dealt with in accordance with the provisions of section 7A of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006. Because of what have been discussed and pointed out above, we are clearly of the view that the appellant being juvenile on the alleged date of occurrence of murder, he could not have been tried and convicted by the ordinary court exercising criminal jurisdiction. His conviction as well as the sentence passed against him, therefore, cannot be sustained. In the result and for the foregoing reasons, while we set aside the conviction of the appellant and the sentence passed against him, we direct that the appellant be dealt with in accordance with law and, for this purpose, the appellant shall appear, on 15.12.2010, before the Juvenile Justice Board, at Narasinghagarh, West Tripura, Agartala. In the result and for the foregoing reasons, while we set aside the conviction of the appellant and the sentence passed against him, we direct that the appellant be dealt with in accordance with law and, for this purpose, the appellant shall appear, on 15.12.2010, before the Juvenile Justice Board, at Narasinghagarh, West Tripura, Agartala. On the appearance of the appellant, as directed hereinbefore, the Juvenile Justice Board shall do the needful in accordance with law. Let the appellant be set at liberty forthwith. With the above observations and directions, this appeal as well as the miscellaneous application shall stand disposed of. Send back the LCR with a copy of this order.