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 mu