Rakesh Kumar Jain, J. - (1.) This revision petition is directed against the order dated 15.01.2011 passed by the learned Additional Sessions Judge, Gurdaspur by which the petitioners have been summoned as additional accused under Section 319 Cr.P.C.
(2.) The FIR No.95 dated 06.12.2009, under Sections 307, 326, 325, 324, 323, 34 IPC of Police Station Ghoman was registered on the complaint of Malook Singh son of Dharam Singh in which he had alleged that they are three brothers who are agriculturist and have their residence in their fields. The family of Aasa Singh son of Daulat Singh etc. also lives at about 2 Killas away and the boundaries of their fields are common. There has been dispute of cutting the edges of the boundary of the common fields between the parties. On 05.12.2009, at about 7.30 a.m., Mehal Singh son of Daulat Singh was cultivating his fields by his tractor, whereas Aasa Singh was cutting edges of the boundary of the common fields with kahi. When he tried to stop him, a scuffle took place and then Mehal Singh also came there. Balbir Singh and Kulbir Singh alias Bau were armed with gandasis, Jasbir Kaur alias Jass Kaur was armed with danda and Mehal Singh brought dattar from his tractor. Jasbir Kaur alias Jass Kaur raised a lalkara that they should be taught a lesson. Jasbir Kaur alias Jass Kaur caught him from the back side and Mehal Singh gave a dattar blow which fell on the palm of his right hand. Kulbir Singh alias Bau attacked with reverse side of gandasi which fell on the left side of his head. Balbir Singh threw him on the ground by pulling his hair and gave blows from the reverse side of the gandasi which fell on the right side of his back and Jasbir Kaur alias Jass Kaur also gave danda blows on the left side of his back. On making hue and cry, his nephew Gurmej Singh and brother Tarsem Singh came there to save him, but Aasa Singh gave a kahi blow to Gurmej Singh which fell on his mouth and caused bleeding. Balbir Singh gave injury to his brother Tarsem Singh. When the other people raised noise, the assailants ran away from the spot with their respective weapons.
(3.) After completing the investigation, the police presented the challan, but the petitioners herein were kept in column no.2 on the basis of an inquiry conducted by DSP, Kadian.;