This is a petition relating to set off under section 428, Cr. P. C. of the prior detention under the army custody before the conviction and sentence under the Army Act.

2. It is stated in the petition that a general court-martial, on 16.12.1982, convicted the petitioner and sentenced him to suffer R.I. for 10 (ten) years under sections 304 and 326, IPC read with section 69 of the Army Act. It is also stated in the petition that he was kept in the army custody as under-trial prisoner for a period of 8 (eight) months and one day in con­nection with the case before conviction.

3. The relevant provisions are sections 167 and 169 of the Army Act and section 5 of the Code of Criminal Procedure. Under section 167 of the Army Act, the term of sentence of imprisonment awarded by a court-martial shall be reckoned to commence on the day on which original proceedings were signed by the presiding officer or, in the case of summary court-mar­tial, by the Court. Section 169 of the Army Act relates to the execution of sentence of imprisonment. Under section 169 of the Army Act, the sentence shall be carried out by confinement in a military prison or a civil prison as provided there under. Sec­tion 5

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