JUDGMENT :

(Manish Kumar Nigam, J.)

1. This appeal has been filed challenging the judgment and order dated 22.11.2008 passed by the learned Additional Sessions Judge, Varanasi by which the appellants Krishna Kumar, Hirawati and Lalman had been awarded life imprisonment in Sessions Trial No.291 of 2022 arising out of Case Crime No.167 of 2000 under sections 147, 148, 302, 323 and 149 of Indian Penal Code and the appellant-Ram Achal had been awarded life imprisonment in Sessions Trial No.291-A of 2002 arising out of Case Crime No.167 of 2000 under sections 147, 148, 149, 302 and 323 of Indian Penal Code.

2. Upon an incident having taken place on 15.9.2000 at around 4.00 PM, the first informant namely Dinesh Kumar Yadav lodged a First Information Report on the very same day at around 23.05 PM.

3. As per the prosecution case, which can be gleaned out from the First Information Report, the first informant, aggrieved by the death of his brother Ramesh, had lodged the First Information Report. The First Information Report had stated that Shiv Kumar Yadav son of Lalman Yadav was taunting his sister Saroja and upon hearing the taunt, Dinesh Kumar-the first informant and Ramesh-the deceased, ran up to Shiv Kumar Yadav where his mother Smt. Hirawati was also there and they asked Shiv Kumar Yadav and Hirawati (the mother) as to why they were taunting. It is the further case of first informant that as a result of their questioning as to why the taunting was being made, the male members of the family of Shiv Kumar namely Lalman Yadav, Kamlesh Yadav, Krishna Imar Yadav and Ram Achal Yadav came there with lathis in their hands. Hirawati the mother of the accused who herself was made an accused in the FIR, was having a Hasiya in her hands. It has further been stated in the FIR that the deceased Ramesh and the first informant Dinesh Kumar were beaten with lathis and Hasiya and because of the beating, Ramesh fell on the ground and became unconscious. It has also been stated that even Dinesh Kumar (the first informant) was given a beating. Thereafter Dinesh along with his mother and father took Ramesh in an auto-rickshaw to the Government Hospital where the doctors at Government Hospital referred Ramesh to Kabir Chaura Hospital and since Kabir Chaura Hospital was also unable to treat Ramesh, it referred Ramesh to BHU for further treatment where at 8.40 PM, it has been alleged, Ramesh died and, therefore, the First Information Report was lodged. The lodging of the FIR resulted in Case Crime No.167 of 2000 and thereafter investigation had followed.

4. Upon the investigation having been done, charges were framed and were submitted to the Sessions Court which after framing charges tried the accused Krishna Kumar, Hirawati and Lalman in Sessions Trial No.291 of 2002 and Ram Achal in Sessions Trial No.291-A of 2002. Both the Sessions Trials were tried together and when by the judgment and order dated 21.11.2008 the accused were found guilty under sections 147 and 302 read with section 149 IPC and section 323 read with section 149 IPC, the instant appeal has been filed by the accused Krishna Kumar, Smt. Hirawati, Lalman and Ram Achal.

5. Two accused namely Shiv Kumar and Kamlesh Kumar were declared juvenile and it has been stated by learned counsel for the appellants that Juvenile Justice Board, Varanasi on 25.11.2021 had acquitted them.

6. At the trial stage, the first informant Dinesh Kumar Yadav gave his statement in chief and was also cross-examined as PW-1. Smt. Phoolpatti, the mother of the deceased and the first informant had come into the witness box as PW-2. Dr. B.K. Dubey who had examined the injuries on the body of Dinesh Kumar Yadav, was examined as PW-3. Dr. D.K. Singh, the incharge doctor of the Government Hospital, Phoolpur, Varanasi, who had examined the injuries of Ramesh (deceased) at the Government Hospital and had also examined the injuries on the body of Smt. Geeta, was examined as PW-4. Dr. R.A. Singh, Surgeon, District Hospital Jau