Judgment :-

1. This appeal, by way of special leave, arises out of the following facts.

2. On 30th November 1993, at about 9 p.m., Ghulam Hussain Ansari, Sagir Ahmed Ansari, since deceased, Gyasuddin Ahmed Ansari and Kitabuddin Ansari were sitting at their house in Falia, District Bharuch, when the three accused Thakorbhai Somabhai, Jagdishbhai Nanjibhai Pateland Balwantbhai Patel, the present appellant, arrived at that place in a drunken condition. They abused Sagir Ahmed Ansari and others sitting there and when they objected, Thakorbhai inflicted a knife blow in the abdomen of Sagir Ahmed and another knife blow on the left side of his head. Gyasuddin Ansari and Kitabuddin Ansari intervened so as to rescue Sagir Ahmed whereupon Balwantbhai, the present appellant, caught hold of Gyasuddin and Jagdishbhai inflicted a blow on his head with an axe. The appellant thereafter ran away hurling abuses on the other side. Sagir Ahmed was carried to Dr. Patel's hospital at Ankleshwar and from there to the Civil Hospital at Bharuch. He died soon after he reached the Civil hospital. On the completion of the investigation, Thakorbhai was charged for an offence punishable under Section 302 read wi