- (1.) By way of this revision petition, Rupinder Singh, the complainant, has challenged the legality of the order dated 30.11.2011 passed by learned Additional Sessions Judge, Ludhiana, whereby the application filed by the petitioner under the provisions of section 319 Cr.P.C. has been partly dismissed qua Jagtar Singh alias Kala, Kulwant Singh alias Shamma, Sukhwinder Singh alias Babbu, Surjit Singh alias Pappi, Kuljeet Singh alias Nonni, Gurinder Singh alias Ginda, Gurpreet Singh alias Goggi, Mandeep Singh alias Billa and Jagga Singh, respondents No. 1-A to 9.
(2.) The case has been registered on the statement of Rupinder Singh alias Pinki. He has stated as under :- Rupinder Singh alias Pinki is a resident of village Bhadla Ucha, Police Station Sadar, Khanna and is a student of Lala Lajpat Rai Memorial College, Moga. He is doing the course in Automobile Engineering there. He returns home from his college every evening. His father Raghubir Singh is an agriculturist while his only uncle, named Baljinder Singh is living abroad. A small drain coming from the side of village Khant Manpur is the source of irrigation for the residents of village Bhadla Ucha. For the last two years, this channel turned dry as no water was released therein. In the morning of 12.3.2009, Irrigation Department released water in the said channel which was harmful for the wheat crop. The drain took the shape of a pond in the village and it came to an end in the village. The water was to be turned towards the shamlat land. As the land of Buta Singh adjoins the shamlat land, he stopped the flow of water and had cut the ridge and diverted the water towards the fields of the complainant and the same was causing harm to their crops. On 13.3.2009, at about 9.00 PM, Raghubir Singh, father of the complainant along with Harnek Singh, Charan Singh and Tarlochan Singh went to the fields to take a round thereof. They noticed that water was turned towards their fields. Buta Singh armed with a double barrel gun, Kala Sarpanch armed with iron rod, Lali, Buta Singh, Tona, Shamma, Pamma and Mohni with 7 other unknown persons came there.
(3.) Buta Singh raised lalkara for eliminating the family of lambardars. At this, he himself fired a shot from his gun which had hit Raghubir Singh. Another shot fired by him hit his grandfather, Harnek Singh and after that the assailants fired many shots. In this occurrence, Tarlochan Singh, and Charan Singh received pellet injuries. When the complainant came forward to save them, injuries were also caused to him. Listening to the noise, the assailants escaped from the spot on a tractor and Safari car taking advantage of darkness.;