SONIA GOKANI, J.

1. The case of prosecution brief of details is as under:

1.1. The appellant was a delivery boy of Gas Bottles working with Padmavati Gas agency. He was assigned the task of delivering gas bottles in the area of Chotrafali, Ta. : Halvad. It is the case of prosecution that a week before the incident, he called up the complainant-lady, who was wife of the deceased and the first informant. When she complained to her husband (since deceased) Shri Jagdishsinh, he met personally the appellant two days prior to the incident and warned him not to call his wife on the mobile phone and if he so does it, they will be lodging a Police complaint and being annoyed of this warning from the husband of the first informant, on 16-9-2010, when Jagdishsinh Dharmendrasinh and his wife-first informant Dhirajba and his five year son Kuldip were at his residence, at that time, he entered into the house with a long knife in his hand and inflicted indiscriminately blows of knife on the person of the deceased. First informant-Dhirajba Jagdishsinh raised hue and cry, and therefore,