Learned counsel for the appellant submitted that the incident was neither preplanned nor premeditated but was a result of a sudden fight. The informant has implicated twelve named and one unknown person in the first information report and general role of assaulting the deceased with lathi, danda, pharsa and iron rod have been assigned to them, due to which the victim has suffered injuries on his person. Learned counsel for the appellant has next submitted that no specific role has been assigned to any of the accused. Police has recorded the statement of eye witnesses, Gangadeen, Dhaka alias Dhakar and Kesh babu. Gangadeen in his statement has stated that Golai alias Balkaran was having a lathi, Ramesh was having a rod, Devman Pal was having a pharsa, Virendra Pal and Sardari Pal were having rifles, Ramesh Pal, Ramesh Nishad, Sachin Prajapati, Kallu Pal and Vinod Pal were having lathies in their hands. Dhaka alias Dhakar in his statement has also assigned general role to all the accused mentioning that they were having lathi-danda in their hands. Kesh Babu in his statement has stated that Virendra Pal and Sardari Pal were having rifles, Ramesh was having a rod, Devman Pal was having a pharsa, Golai alias Balkaran, Ramesh Pal, Ramesh Nishad, Sachin Prajapati, Kallu Pal and Vinod Pal were having lathies in their hands.
