JUDGMENT Mr. Vijender Singh Malik, J.: - 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 :- 3. 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. 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.
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. 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. 4. After due investigation, the police filed challan against Buta Singh, Paramjit Singh, Harinder Singh and Mohan Singh. After the charge was framed against them, Rupinder Singh, the complainant appeared as PW-1. An application was moved for summoning Satinder Singh alias Lali and 9 others. Vide orders dated 30.11.2011, learned Additional Sessions Judge, Ludhiana summoned Satinder Singh alias Lali as an accused in this case and has dismissed the application qua remaining nine persons. It is this order, dismissing the application for summoning the aforesaid nine persons, respondents No.1-A to 9 herein, which is challenged before me, by way of this revision petition. 5. I have heard Mr. I.P.S. Kohli, learned counsel for the petitioner, Mr. K.D. Sachdeva, learned Additional Advocate General, Punjab for the State and Mr. A.P.S. Deol, Senior Advocate with Mr. Devinder Bir Singh, Advocate, learned counsel for the respondents No. 1-A and 2 to 9. I have gone through the record carefully. 6. Learned counsel for the petitioner has submitted that learned Additional Sessions Judge, Ludhiana has allowed the application qua Satinder Singh alias Lali for the reason that his name is there in the FIR but dismissed the application qua Jagtar Singh alias Kala and Kulwant Singh alias Shamma, whose names are also there in the FIR. According to him, 7 other persons were though not named in the FIR and the complainant failed to give the names of those persons before he appeared before learned Additional Sessions Judge at the trial, yet that would not give reason to dismiss the application qua Jagtar Singh alias Kala and Kulwant Singh alias Shamma.
According to him, 7 other persons were though not named in the FIR and the complainant failed to give the names of those persons before he appeared before learned Additional Sessions Judge at the trial, yet that would not give reason to dismiss the application qua Jagtar Singh alias Kala and Kulwant Singh alias Shamma. He has submitted that though, the FIR does not speak of the role of Kala and Shamma yet they came with Buta Singh and they are equally responsible for the acts of Buta Singh and others. He has further submitted that these two persons are again at an equal footing with Lali, who has been summoned and who has today withdrawn his revision petition, filed challenging his summoning order. 7. Learned senior counsel for respondents No. 1-A and 2 to 9 has submitted that it is not a case of common intention. According to him, the water had been released in the canal by the Irrigation Department and the farmers were panicky about their crops and the entire village had collected at the spot. According to him, firing took place on account of which some persons suffered gun shot injuries. According to him, it is not a case of common object also. According to him, the water had been suddenly released in the drain and there was no question of meeting of mind of the respondents with Buta Singh and others. 8. Learned senior counsel has further submitted that the FIR does not specifically mention the role of these persons. According to him, while appearing as PW-1, Rupinder Singh has made a clear statement about the role of Buta Singh, Satinder Singh alias Lali, Paramjit Singh alias Pamma, Gurinder Singh alias Ginda, Gurpreet Singh alias Gaggi, Mandeep Singh alias Billa but he has failed to make a specific statement about the role of other persons. According to him, he has stated that the remaining persons then gave beating to his grandfather while he was lying on the ground. According to him, the injuries on the deceased and others are pellet injuries and therefore, the role of these persons is clearly excluded from the occurrence. 9.
According to him, he has stated that the remaining persons then gave beating to his grandfather while he was lying on the ground. According to him, the injuries on the deceased and others are pellet injuries and therefore, the role of these persons is clearly excluded from the occurrence. 9. It is true that the FIR names Lali, Kala Sarpanch and Shamma in similar manner and the case against Satinder Singh alias Lali could not be distinguished from the case against other two, yet in the statement recorded at the trial, the role of Satinder Singh alias Lali has become quite evident as he is said to have been armed with a revolver with which he fired a shot. The names of Kala Sarpanch and Shamma are just mentioned in the FIR to be present at the spot. It being a case where water was released in the drain in huge quantity, which was causing damage to the crops of farmers, the entire village had collected at the spot. Mere presence of Kala and Shamma would not mean anything. What is important is the role of these persons. Rupinder Singh appearing as PW-1 could not assign a specific role to these persons. Even the injuries on the deceased and other persons are primarily pellet injures and none of the nine persons arrayed as respondent Nos. 1-A and 2 to 9 was shown as armed with a fire arm. 10. Consequently, though for different reasons, I do not find any case to have been made out by Rupinder Singh for summoning of respondents No.1-A and 2 to 9 much less Jagtar Singh alias Kala and Kulwant Singh alias Shamma. Therefore, I uphold the impugned order and finding no merit in the revision petition, dismiss the same. ---------0.B.S.0------------