Gurnam Singh, J. - (1.) THIS order will dispose of both Crl. Writ Application No. 159 of 1976 and Crl. Writ Application No. 160 of 1976 as the question of law involved on both these petitions is the same.
(2.) THE case of Bhagwan Singh petitioner is that he was tried to by the General Court Martial at field under the Army Act for the offence under section 302, Indian Penal Code, but was convicted under section 304, Indian Penal Code, and sentenced to undergo rigorous imprisonment for seven years. According to Bhagwan Singh, he was arrested on 10th/11th of May, 1972 and was convicted on 23rd April, 1973. After his conviction he was sent to District Jail, Jullundur. He has now requested that he remained as under trial prisoner for 347 days and that by deducting that period from the period of his sentence, his terms of imprisonment is completed. It may be mentioned here that in para No. 2 Bhagwan Singh stated that he was convicted and sentenced to 7 years rigorous imprisonment under section 304, Indian Penal Code, while in para No. 6, he stated that if the period for which be remained in custody during trial is set off from the actual sentence of five years, he has already completed his sentence of five. He also requested that be was placed in B class by the Army Authorities but he was given C class by the Jail authorities. The case of Raminder Singh Dhaliwal is that he was tried for the offence under section 326, Indian Penal Code, and was convicted and sentenced to undergo rigorous imprisonment for two years for the said offence, that he was put underdone arrests on 18th October, 1974, that he remained under trial from 18th October, 1974 to 5th March, 1975 and 16th July, 1975 to 28th, July, 1975 total period being 120 days.
(3.) NOTICE of both the petitioners was given to the A.G. Punjab.;