(1.) IN spite of having been allowed sufficient opportunity on account of non representation of petitioners on successive dates, they could not be heard.
(2.) MOREOVER , Section 403 of the Cr.P.C. speaks a lot identifying the status of petitioners while availing the revisional jurisdiction wherein hearing the petitioners is not at all found to be mandatory. Hence with the assistance of learned Addl. P.P. the order impugned along with L.C. record has properly been scrutinized.
(3.) INFORMANT /injured, Brahamdeo Singh (PW -6) gave his Fardbeyan on 08.11.83 at 3:00 p.m. in an injured condition accompanied with his injured wife Meera Devi (PW -3), mother (PW - 1), uncle and brother (not examined) before the Officer -in -charge alleging inter alia that for the purpose of holding a 'Ashtyam', he was preparing a platform after digging earth from his own land. On the same day, at about 12:00 a.m., the accused, Kunj Bihari Singh @ Kunj Narain Singh came and forbade him on account of which an altercation took place wherein Kunj Bihari Singh was joined by Jitendra Singh who was armed with Garasa, Satyendra with Khanti Atal Bihari with Khanti. On the order of Kunj Bihari Singh they began to assault. His wife Meera Devi came in his rescue who was also assaulted by Kunj Bihari with lathi.
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