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,