Rajiv Roy, J.—Heard Mr. Amrendra Kumar, learned counsel for the appellant and Mr. A.M.P. Mehta, learned APP for the State.

2. The present appeal is directed against the judgment and order of conviction/sentence dated 16.08.2023/19.08.2023 passed by the learned Additional District and Sessions Judge 2nd Naugachia, Bhagalpur in Sessions Trial No. 213/2020 by which the appellant has been convicted under Section 304(B)/34 of the IPC and sentenced to undergo as follows:—

3. Earlier, the matter was admitted on 13.12.2023 by the Coordinate Bench and the Trial Court Record was called for which has now been received.

4. As per the prosecution story, the informant Bablu Mandal, father of the deceased, on 02.07.2019 got an information about the killing of his daughter by the husband/inlaws. As he reached the place, found her lying on a cot with marks on her neck while all the accused persons/in-laws had disappeared. The allegation is that for want of motorcycle, she has been killed. This led to the F.I.R.

5. The Police investigated the matter and submitted charge-sheet under Section 304(B)/34 on 30.11.2019 against the sole appellant while continuing the investigation with regard to the other accused persons. The charges were framed on 05.12.2020 and the trial commenced against the appellant.

6. The prosecution in support of the case produced six witnesses as under:—

PW-1:- Manish Kumar (brother of the Informant)

PW-2:- Raj Kumar Mandal (brother of Informant0

PW-3:- Bablu Mandal (Informant)

P.W-4:- Dr. Rakesh Jha (Doctor who done post mortem)

PW-5:- Ajay Kumar (I.O.)

PW-6:- Umesh Yadav (I.O.)

7. The defence also came forward with a sole witness namely Kanchan Devi.

8. The exhibits produced by the prosecution read as follows:—

Exhibit 01:- Signature identified on postmortem report by Manish Kumar.

Exhibit 02:- Signature identified on inquest report by Raj Kumar Mandal.

Exhibit 03:- LTI identified on the fardbeyan by Bablu Mandal PW-3 and also identified the signature of Vivekanand Mandal on the fardbeyan.

Exhibit 04:- PW-04 has assigned on the postmortem Report.

Exhibit P5:- Signature identified on the chargesheet by Ajay Kumar PW-5.

Exhibit P 5/1:- Signature identified by Ajay Kumar PW-5 on the same charge-sheet of Sub- Inspector of Police-cum-Officer-in-Charge.

Exhibit P-6:- Signature identified by Ajay Kumar PW5 on the formal F.I.R. of the Officerin- Charge-cum-SHO-Raj Kapoor Kushwaha.

Exhibit P-7:- Signature identified by Umesh Yadav (PW-6) on the inquest report of PW-1 Manish Kumar, Raj Kumar Mandal, Srikant Choudhary (A-SI) Naugachia Camp, Nawada.

9. As recorded, as the sole accused/appellant denied the allegation that was read over to him, the trial took place. PW-1 Manish Kumar is the Uncle of the deceased who supported the prosecution story and according to him, upon information by the villagers, he went to the place and found his niece dead, lying on a cot. The Naugachia Police came thereafter and recorded the statement of his brother Bablu Mandal (PW-3) whereafter the dead body was taken for post mortem and he put in his signature on the inquest report (exhibit 1). He further supported the prosecution story that the appellant used to demand motorcycle and as the same was not fulfilled, his niece was strangulated.

10. PW-2 Rajkumar Mandal is again the Uncle of the deceased and his version is also the same. According to him, there was a black sign on the neck of the deceased, his signature was taken on the inquest report (Exhibit 2) and further deposed that he had knowledge about the demand of motorcycle before the alleged occurrence and his niece also informed the informant four days ago that she may be killed.

11. PW-3 is the informant and father of the deceased. According to him, he was at home when received the information about the murder of his daughter. Thereafter they went to t