I.A. Ansari, J.

1. This appeal, preferred by the appellant, Ram Tossa, puts to challenge the judgment and order, dated 28-10-2005, passed by the learned 1st Additional Sessions Judge, Sivasagar, whereby the present appellant, namely, Ram Tossa, and one Peru Goala, stand convicted under Section 302 read with Section 34 IPC and sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/- each and, in default of payment of fine, suffer rigorous imprisonment for six months each. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(i) The present appellant's father, late Jugen Tossa, was killed by Phani Misir and Babul Barua about 10/11 years before the day of the present occurrence, which has given rise to this appeal. At the time of his father's death, the present appellant was a young boy. When he grew up, his co-villagers informed him that Phani Misir had been telling around the village that he would kill Ram Tossa (i.e., the present appellant), too. This instilled fear in the heart of the appellant and one day, the present appellant, Ram Tossa, told his friend, who became the co-accused, namely, Peru Goala, that Phani Misir must be killed or else, Phani would, some day, kill him (Ram Tossa).

(ii) One day, when Phani Misir happened to meet the present appellant, Ram Tossa, in Phani's labour line, he told the present appellant not to loiter around the said labour line and threatened him by saying that if the present appellant did so, he would be finished in the same way as his father was finished. From that day, the present appellant never went to the labour line of Phani Misir.

(iii) On 16-07-1998, the present appellant, Ram Tossa, and the co-accused, Petu Goala (who has not preferred any appeal), came to nursery and started cutting firewood stealthily. When they were so cutting the firewood at about 7 pm, they heard Phani Misir going towards his home from the side of the village of the present appellant singing some songs. On hearing Phani singing, the appellant told his co-accused, Petu Goala, to catch Phani. The two of them, then, came out of the garden and they confronted Phani on the middle of the road. Peru kicked Phani on his face and Phani fell down. The present appellant, Ram Tossa, then, dealt blows with axe, which he was holding in his hand, on the neck of Phani and other parts of his body. When they found that Phani had died, they left Phani on the road itself carrying the axe with them.

(iv) The present appellant, Ram Tossa, accompanied by co-accused, Petu Goala, then, came to Sonari Police Station at 10.30 pm and informed the police about the incident and handed over the axe to a police officer there. The axe, so produced, was seized and GD Entry No. 408, dated 16-07-1998, was made in this regard. The police, then, arrested the present appellant and the co-accused, Petu Goala, and, on being entrusted with the investigation, the investigating officer (PW 11) came to the place of occurrence and, having found Phani's dead body lying there, held inquest thereon, prepared, in this regard, an inquest report (Ext. 2). A sketch map (Ext. 4) too was drawn. Thereafter, Phani's father lodged a written Ejahar (Ext. 1), on 17-09-1998, at 9 am. Treating the said Ejahar as First Information Report, a case was, formally, registered against the present appellant, Ram Tossa, and co-accused, Petu Goala, under Section 302/ 34 IPC. During the course of investigation, post mortem examination was held on the said dead body. The two accused were forwarded to the Magistrate and both of them made confessional statements, which were separately recorded. On completion of investigation, police laid charge-sheet (Ext. 7) against the two accused aforementioned, namely, Ram Tossa (i.e. the appellant) and Petu Goala, who has, as indicated above, not preferred any appeal.

2. To the charge, framed, at the trial, under Section 302 read with Section 34 IPC, both the accused pleaded not guilty.

3. In