BUDH RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These two appeals are directed against the judgement dated 28.11.2005, passed by the learned trial Court. The first Criminal Appeal No.75-DB of 2006 has been filed by appellant-Budh Ram, whereas the second Criminal Appeal No.164-DB of 2006 has been filed by Ram Niwas. Since these appeals are against the same judgement of conviction and order of sentence, both are being decided by this common judgement.

(2.) However, for the facility of reference, facts are being taken from Crl.Appeal No.75-DB of 2006.

(3.) The facts, which emerge from the FIR EX.PK/1, are that on 27.4.2000, Inspector Baljit Singh, SHO Police Station, Sardulgarh, alongwith police party, was holding a picket in the area of village Ahlupur, at the distance of about 1.1/2 kms. from the village. After some time, at about 5.45 AM, Ajmer Singh s/o Sadhu Singh, Jat resident of Ahlupur came from the side of village Ahlupur. When Inspector Baljit Singh was talking with Ajmer Singh, in the meantime, a jeep came from Khiala Khurd's side, which was being driven at a high speed. Head Constable Bharpur Singh signalled the jeep to stop. There were two occupants in the jeep, who, after stopping the jeep, tried to run away.