The main legal point established in the judgment is the reliance on witness statements and the doctrine of res gestae to establish guilt, as well as the importance of corroborative evidence and lack of evidence in determining the final decision.

These five appeals are directed against the judgement dated 01.08.2014 passed by Special Judge, Kota whereby accused-appellants have been convicted and sentenced in the following manner:

"For offence 341 IPC to undergo simple imprisonment for one month and to pay fine of Rs. 500/-, in default to further undergo simple imprisonment for 7 days; for offence u/s 302 IPC sentenced to life imprisonment and to pay fine of Rs. 25,000/-, in default of payment of fine to further undergo simple imprisonment for 2 years: for offence u/s 302/149 IPC sentenced to life imprisonment and to pay fine of Rs. 25,000/-, in default of payment of fine to further undergo simple imprisonment for 2 years and for offence u/s 3(2)(V) of SC/ST Act sentenced life imprisonment and to pay fine of Rs. 25,000/- in default of payment of fine to further undergo simple imprisonment for 2 years."

2. The brief facts giving rise to these appeals are that on 19.09.2005 PW 18 Prahlad submitted Ex.P.11 written report to PW 11 Matadeen Singh, S.I. interalia alleging that on that day in the noon at 1 p.m. he received information that his son Nikhlesh alias Nikku (since deceased) was attacked by the accused having sharp edged weapons in Shripura, Randipada near the Govt. Water-tap in the street of Irfan Vakil and at present he is in M.B.S. hospital. On this information he reached in the Emergency Ward of the Hospital. Mukesh (PW19) and Soni (PW15) were found there. They told that about half an hour ago, Pallu alias Parvez, Sonu alias Billa, Musheer, Aslam Tota, Shakeel alias Bakra and two others attacked Nikku with knife and other sharp weapons with the intention to kill him. Pallu alias Parvez assaulted him with knife on left side of back of chest on ribs and Aslam Tota made assault on the chest of Nikku which he resisted on right hand and he received injury on right hand. These assailants came on motor cycle, one of them was bearing number RJ 20 13 M 7286 and another Motor Cycle was Bajaj Boxer. The cause of this incident was that on 17.09.2005, during the procession of Anant Chaturdashi. Nasir was causing disturbance at Patta Burj Akhada and his son Nikku made him to understand and moved him out of the way. Thereafter, Nasir came back with Aslam Tota, Shakeel Bakra, Sonu alias Billa, Pallu Parvez, Musheer and they threatened his son. On account of this enmity, they have killed his son today.

3. On the basis of aforesaid written report Ex.P.12. F.I.R. No. 158/2005 was registered at Police Station, Kethunipole, Kota for offences under sections 147, 148, 149, 302, 341 IPC and Section 3 of the SC/ST Act. During the course of investigation, Ex.P.1 Panchayatnama of dead body was prepared, the postmortem of deceased was got conducted and postmortem Report Ex.P.5 was obtained, site was inspected and site-plan Ex.P.18 was prepared, accused persons were arrested, knife was recovered from co-accused Musheer Khan vide memo Ex.P.2, Katar was recovered from co-accused Aslam alias Tota vide memo Ex.P.15, motor cycle was recovered at the instance of co-accused Shakeel from the house of Raiees vide memo Ex.P.14, accused-appellant was arrested on 19.09.2005 vide memo Ex.P.24. On conclusion of investigation, the police submitted charge-sheet against all accused persons from offence under sections 147, 148, 149, 302, 341, 120B, 109 IPC and Section 3(2)(5) of the SC/ST Act and Section 4/25 of the Arms Act. The learned Magistrate committed accused persons to face Sessions Trial. The learned Trial Judge framed charges for offences under sections 148, 302, 302/149, 341 IPC and Section 3(2)(5) of the SC/ST Act against present accused-appellant and co-accused Pallu alias Parvez, Mohd. Raiees, Shakeel alias Bakra and charges for offences under sections 148, 302, 302/149, 341 IPC, Section 3(2)(5) of the SC/ST Act and Section 4/25 were framed against co-accused Aslam alias Tota and Musheer Khan. The accused persons denied charges and claimed trial. Prosecution examined as many as 23 witnesses