6. It has been submitted by learned counsel for the applicant that from the version of the FIR, it appears that general role of assault has been levelled against all the five co-accused persons and no specific role has been assigned to the applicant.The medical report of Mahesh Kumar Yadav indicates two injuries; (1) contusion on left side back of palm measuring 8x2 cm and (2) right side temporal bone with contused swelling measuring 4x6 cm. It has been submitted that injury no.2 is only fetal injury but in the FIR no one has been assigned the role as to who had caused said injury; however in the statement under section 161 Cr.P.C. Smt. Krishna wife of the deceased-Mahesh Kumar Yadav has stated that the applicant has assaulted the deceased with iron rod. Learned counsel for the applicant has submitted that it is a case of cross version because FIR has been lodged by sister-in-law of the applicant under sections 147, 323, 504, 506, 452, 308 IPC and he has invited attention towards the medical report wherein 22 injuries were received from the defence side i.e. three persons including the applicant. He has submitted that father of the applicant has received injury on his head. Similarly, applicant as well as his brother also received injuries which have been placed on record. Learned counsel for the applicant has submitted that the statement of Vinod Kumar (P.W.-1), Krishna Devi (P.W.-2) wife of the deceased, Rahul (P.W.-3) Rajesh Pratap Singh (P.W.-4) and Ashwani Kumar Singh S.I./ Investigating Officer have been recorded and they have supported the prosecution case. Learned counsel for the applicant has submitted that at the most even if the case is taken on its face value, the case will fall within the purview of section 304 Part-II IPC because there was no intention or preplan to kill the deceased. He has also submitted that since the fact witnesses have been examined, there is no question of tempering and threatening in the case at the moment. The applicant is is jail for more than one and half years.
