Mr. Alok Singh, J.: - Revisionist/complainant has invoked the revisional jurisdiction of this Court impugning the order dated 26.5.2010 passed by Additional Sessions Judge, S.A.S. Nagar Mohali, thereby rejecting the application of the complainant/revisionist moved under Section 311 Cr.P.C. for summoning 17 witnesses.

2. Brief facts of the present case inter alia are that Jagir Singh respondent No.1 has lodged FIR No.365 dated 10.12.2004 with Police Station Mohali contending therein that he has retired from Health Department, Punjab. At about 7.30 a.m. his brother Major Singh son of Narang Singh after untying his cattle from his house was taking them to their cattle shed. When he reached on the gate of the house then Tarlochan Singh son of Baldev Singh Jat resident of Mataur armed with double barrel gun along with his father Baldev Singh son of Mehma Singh armed with gandasi, Lakhmir Singh son of Mukhtiar, Mohinder Singh alias Lally son of Mukhtiar Singh, Sewa Singh son of Gurbax Singh, Ram Singh son of Gurbax Singh, elder son of Raghbir Singh Balmik, resident of Mataur and Tehal Singh son of Rattan Singh Jhivar resident of Mataur armed with dandas came there. They all along with Baldev Singh raised lalkara that Mehar Singh should not be allowed to escape. When his (Jagir Singh’s) brother turned then Tarlochan Singh fired from his double barrel gun at his brother Mehar Singh with intention to kill him. The shot hit on the chest of his brother. His (Jagir Singh’s) brother fell on the ground. On hearing the noise of shot son of respondent No.1 Sukhwinder Singh came out of the house and reached at the gate. Tarlochan Singh fired second shot at the son of respondent No.1 with the intention to kill him and on receipt of shot his son also fell on the ground. Respondent No.1 saw whole of the occurrence while standing in varandah on first floor of his house. This occurrence has been seen by Sewa Singh son of Babu Singh and Davinder Singh son of Sewa Singh Jat resident of Mataur. After that Tarlochan Singh, Baldev Singh and others tried to take away brother of respondent No.1 Mehar Singh and his son Sukhwinder Singh who were in injured condition. On their raising alarm they left his brother Mehar Singh and his son Sukhwinder Singh at the spot. While leaving, Tarlochan Singh fired more shots hitting on the walls. Gandasi which Baldev Singh was holding in his hand, fell at the spot. Brother of respondent No.1 was taken to PGI by brother Dharam Singh and son of respondent No.1 Jaswinder Singh. His son Sukhwinder Singh has been taken to FORTIS Hospital by other members of their family. The cause of the grudge is that cases regarding water pipes and Dharamshala are pending between the parties.

3. On the statement of revisionist/complainant, DDR No.27 dated 10.12.2004, Roznamcha Police Station Phase-8, Mohali, wherein complainant/revisionist has stated that he is a resident of village Mataur, Tehsil Mohali, District Ropar, aged 60/65 years and is an agriculturist and today around at 8.00 a.m. his son Tarlochan Singh was making a move of the land in dispute located in village Mataur, when the other party Mehar Singh, Jagir Singh, Dharam Singh, Bhima, Jagga, Guddu, son of Ran Singh residents of Mataur and Sukhwinder Singh, his son Jagir Singh, on seeing them started abusing them loudly. They (revisionist) came inside their house and closed the doors. Mehar Singh, Jagir Singh, Dharm Singh, Bhima and Sukha scaled over wall and came inside and Mehar Singh caught hold of the complainant/revisionist from his hair and started dragging him towards outside and on bringing him outside the house, Jagir Singh gave a danda blow on his head and Sukhwinder Singh gave a gandasi blow on his left hand and Jagir Singh exhorted that today he should not be able to save himself. Bhim Singh, Dharam Singh and Jagga gave his beatings with legs. At that time people of above party namely Sardara Singh and his son Bitu and Darshi Balmik residents of village Mata