JUDGMENT : A.S. Naidu, J. - The Judgment & order of conviction dated 12th September, 1997 passed by Learned Addl. Sessions Judge, Jajpur convicting the Appellant u/s 302 I.P.C. & sentencing him to undergo R.I. for life in S.T. Case No. 34/7 of 1997 is assailed in this Criminal Appeal. 2. The brief facts of the case are as follows: On 5th April, 1996 at about 2 A.M. Rabi Murmu (P.W.12) reported orally at Jajpur P.S. that on 4th April, 1996 at about 10.30 P.M. while he was taking dinner in his house, he saw the Appellant along with one Jukudu Munda & Ugresen Munda drinking "Handia" (country liquor) together. Thereafter Ugresen Munda left the place & went to the house of P.W.3. After his departure the Appellant & Jukudu Munda discussed with each other about an incident which took place about ten years back. It was alleged that Ugresen Munda practiced black magic & caused some harm to the Appellant & Jukudu Munda. They decided to finish Ugresen Munda so that he will not cause further damage to any other person. After taking the said decision they went to the house of P.W.3, called Ugresen Munda to the house of Jukudu Munda, the Appellant caught hold of the hands of Ugresen Munda & Jukudu Munda assaulted Ugresen with a wooden lathi. Seeing the said incident the informant, P.W.12, tried to rescue Ugresen Munda, but then he was threatened by both the Appellant & Jukudu Munda. He concealed himself near a bush & saw both the aforesaid persons beating Ugresen Munda till he became motionless. Thereafter, they left the spot. The informant also heard that the Appellant & Jukudu Munda were planning to kill him & he fled away & reported the matter orally to the Officer-in-charge of Jaipur Road P.S. (P.W.13), who scribed & drew the formal F.I.R. 3. On the basis of the said information, the O.I.C., Jajpur Road P.S, arrived at the spot, but then did not find the dead body & started searching for the same. Ultimately, the body was found inside a septic tank. The Police noticed blood in the courtyard of Jukudu Munda, but then he was absent rom his house. On the basis of the said information, the O.I.C., Jajpur Road P.S, arrived at the spot, but then did not find the dead body & started searching for the same. Ultimately, the body was found inside a septic tank. The Police noticed blood in the courtyard of Jukudu Munda, but then he was absent rom his house. The O.I.C. after effecting seizure, examining witnesses, preparing the inquest report, sending the dead body of Ugresen Munda for post mortem examination & after completing all paraphernalia, submitted charge sheet against the Appellant u/s 302 read with 34 of the Indian Penal Code. It is pertinent to mention here that in spite of best efforts Jukudu Munda could not be arrested. Learned J.M.F.C., Jajpur Road took cognizance of the offenee & committed the case to the Court of Session. 4. The plea of the accused is one of complete denial. In his statement recorded u/s 313 of Cr.P.C. the Appellant stated about his total Ignorance about the occurrence. 5. In order to establish their case, prosecution got examined as many as thirteen witnesses & exhibited fourteen documents including the F.I.R., post mortem report, chemical examination report, inquest report etc. & five material objects. Out of the witnesses examined, P.W.1 is a witness to the inquest. P.W.2, was present when the dead body was recovered. P.W.3 was a post occurrence witness. P.W.4 was a witness to the seizure. P.W.5 was also a witness to the seizure made from the house of Jukudu Munda. P.W.6 was declared hostile as she did not support the prosecution case. P.W.7 deposed that she had heard hullah from the nearby house of Jukudu Munda. She came out & saw that Jukudu Munda & another were assaulting Ugresen Munda, though she protested, the assailants did not pay any heed. According to P.W.8 both the assailants had taken "handia" & were drunk on the night of occurrence. P.W.9 was the Medical Officer, who examined P.W.3 & found some injuries. P.W 10 was the Medical Officer who performed the autopsy. P.W.11 was a Constable, who took the dead body for post mortem examination. P.W. 12 was the informant & P.W.13 was the Investigating Officer. 6. P.W.9 was the Medical Officer, who examined P.W.3 & found some injuries. P.W 10 was the Medical Officer who performed the autopsy. P.W.11 was a Constable, who took the dead body for post mortem examination. P.W. 12 was the informant & P.W.13 was the Investigating Officer. 6. Learned Sessions Judge after discussing the evidence threadbare arrived at a conclusion that there was direct & clinching evidence of the eye witnesses to establish that on the night of occurrence the Appellant & Jukudu Munda had assaulted Ugresen Munda till the later died. Consequently, he was found guilty of committing an offence u/s 302 of I.P.C. & was convicted there under. 7. Mr. Mishra, Learned Counsel for the Appellant, strenuously took this Court through oral evidence & submitted that there IS absolutely no evidence connecting the Appellant with the alleged incident. That apart, it is submitted that no overt act had been attributed to the Appellant nor the prosecution could establish any motive. 8. Learned Addl. Government Advocate, on the other hand, repudiated the submissions made by Learned Counsel appearing for the Appellant & submitted that the evidence of the eye witness prove beyond all reasonable doubts that the Appellant along with Jukudu Munda were the authors of the crime. It is further stated that the motive is always not necessary to convict a person u/s 302 of I.P.C. 9. Heard Learned Counsel for the parties at length & perused the evidence meticulously. This is a case where enough materials are available to establish that the Appellant was a party to the assault made by Jukudu Munda, consequent whereof Ugresen Munda sustained grievous injuries & succumbed to the said injuries. The evidence of the doctor coupled with the post mortem report unerringly reveal that the death of Ugresen Munda was a homicidal in nature, AH the eye witnesses stated to have seen the Appellant present when Jukudu Munda assaulted Ugresen. After going through the evidence, this Court finds that the reasonings given & the conclusions arrived at by the Sessions Judge are just, proper & needs no interference. 10. However, till date Jukudu Munda has not been arrested. The Appellant has remained in custody for more than thirteen years. He is not a professional criminal. Evidence available on record reveals that on the date of occurrence he took "handia" along with Jukudu Munda & was in a drunken stage. 10. However, till date Jukudu Munda has not been arrested. The Appellant has remained in custody for more than thirteen years. He is not a professional criminal. Evidence available on record reveals that on the date of occurrence he took "handia" along with Jukudu Munda & was in a drunken stage. None of the witnesses have attributed any specific overt act to the Appellant, except stating that he was along with Jukudu Munda & had taken part in the assault. At times motive plays vital part & its importance & relevancy in determining the criminal nature of an act is necessary. In the case at hand, admittedly the Appellant had no motive to assault or commit murder of Ugresen Munda. He had no enmity with him nor he had any intention. On the given date he was along with Jukudu Munda & had consumed liquor. He had no sense of proportion. He is a member of scheduled tribe & possessed a volatile temperament. 11. Considering all these facts & on being satisfied that the Appellant had no intention to murder Ugresen Munda & had accompanied Jukudu Munda, the real assailant, in a drunken stage, this Court feels that ends of justice & equity will be better served if the conviction made u/s 302 I.P.C. is set aside & the Appellant is convicted for commission of offence u/s 304 Part-II I.P.C. & is sentenced to the period of imprisonment already undergone by him. The accused-Appellant be set at liberty forthwith, if his detention is not required in any other case. With, the aforesaid modification, the Criminal Appeal is disposed of. S.C. Parija, J. I agree.