JUDGMENT OF THE COURT
On a date he could not remember, at 7.00 p.m. Kibet Torongei (PW1) a salesman, then living in Kericho, went to Snow Bar. He was being entertained there by some guests. He was on the other side of that bar but on the outer side. It would appear that that bar has many drinking places, some of which were in the inner side. At about 9.00 p.m, the number of bar patrons had increased to close to sixty with some in the inner side. His guests left him in the bar. At that time, a fight broke out in the inner side of the bar. The fight continued to the outside part of the bar.
When the fight started, everyone ran away and Torongei also rushed out. As they did so, those who were fighting continued to fight. According to Torongei, those who were fighting were two boys against two men. Torongei said in evidence that one group was overpowered by the other and of the two overpowered, one ran away while the remaining one succumbed to the assault and fell down. Torongei said he sa…