JUDGMENT A. K. Mishra, J. - In this appeal the sole appellant has assailed his conviction U/s.302 of the Indian Penal Code (in short 'the I.P.C.') and sentence to undergo imprisonment for life by the learned Addl. Sessions Judge, Jharsuguda in his judgment dtd.02.12.2003 passed in S.T. Case No.204/40 of 2001. 2. The Superintendent, Biju Patnaik Open Air Ashrama, Jamujhari has reported vide letter dtd.3682 dtd.7.12.2019 that convict No.334-A Benu Bag (appellant) has already been released pre-maturely on 24.6.2017 as per order no.6624 dtd.20.6.2017 of the Government of Odisha, Law Department. Despite above information, learned counsel for the appellant advanced argument on merit and accordingly the hearing is taken up culminating this judgment. 3. The appellant along with two others, namely Rusi Bag and Sonu Bag faced trial for the offence U/ss.302 and 114 of the I.P.C. The accusation against them was that deceased Fulla Pradhan along with Laxmi Bag (P.W.5), Anjali Pradhan (P.W.8) and Kujar Pradhan (P.W.9) while returning on 17.4.2001 at noon from Kulihamal Reserve Forest, the accused, suspecting sorcery by her resulting death of his son, dealt 'Budia' (M.O.I) blow as a result of which she succumbed to the injuries at the spot. On being informed, her son lodged the F.I.R. (Ext.3) at Kolabira Police Station which was resulted into investigation. The accused was arrested and gave recovery of the 'Budia' (M.O.I) U/s.27 of the Evidence Act. On submission of police report, the learned S.D.J.M. took cognizance and committed the case for trial to the Court of Session. 4. The plea of defence is denial simplicitor. 5. In support of its case, prosecution examined 11 witnesses in all, out of which P.W.7 is the doctor, P.Ws.10 and 11 are investigating officers. P.Ws.5, 8 and 9 are eye witnesses while P.Ws.1 and 6 are the son and husband of the deceased. Others are witnesses to seizure and inquest. Prosecution exhibited 15 documents. The weapon of offence is marked as M.O.I. Defence examined none. 6. Learned trial court while acquitted two accused persons namely, Rusi Bag and Sonu Bag, convicted the appellant basing upon the version of eye-witnesses and matching of blood group found on the wearing apparels of the deceased with the blood group found in the wearing apparels of the accused as well as recovery of the weapon of offence U/s.27 of the Evidence Act. 7. 7. Learned counsel for the appellant urged that the eye witnesses being related to each other, their evidence should not have been relied upon and motive being not proved, the conviction is not sustainable in the eye of law. 8. Learned Addl. Government Advocate Mrs. S. Patnaik supported the judgment on the grounds stated therein. 9. We carefully perused the evidence on record. The doctor P.W.7 who conducted post mortem examination on 18.4.2001 found 10 sharp cutting injuries on the vital part of the deceased which were ante mortem in nature and opined that the same might have been caused by a sharp cutting weapon like 'Budia' (M.O.I) and the cause of death was found to be due to injuries to brain and haemorrhage leading to shock. Accordingly the death was opined to be homicidal in nature. His post mortem examination report is marked as Ext.5. This remains undisputed. P.W.8 Anjali Pradhan and P.W.9 Kujar Pradhan have unequivocally deposed that accused dealt 'Budia' blow to deceased while she was coming with them and out of fear they left the spot. P.W.5 also stated that though she was accompanying the deceased, she had seen the accused waking up holding the 'Budia' and she left out of fear. All the 3 witnesses are related but no hostility is proved between the accused persons and these witnesses. They appear to be wholly reliable witnesses. Their evidence gets corroboration from recovery of the weapon of offence M.O.I by accused soon after his arrest. The vital aspect of the prosecution evidence is matching of blood group as per chemical examination report (Ext.15). The wearing apparels of the deceased, a printed saree was found to have contained group 'A' blood. The seized lungi of accused was also found to have contained the same blood group. The accused is unable to explain the same. On the other hand the accused has taken the plea of alibi. The probability of such plea is not established. 10. When the case rests upon eye witnesses, the absence of motive is inconsequentional. The seized lungi of accused was also found to have contained the same blood group. The accused is unable to explain the same. On the other hand the accused has taken the plea of alibi. The probability of such plea is not established. 10. When the case rests upon eye witnesses, the absence of motive is inconsequentional. On independent analysis of evidence on record, we do concur the appreciation made by learned trial court with regards to eye witnesses P.Ws.5, 8 and 9 and the evidence U/s.27 of the Evidence Act leading to the discovery of fact by recovery of weapon of offence 'Budia' (M.O.I) and the scientific evidence as to the matching of blood group on the wearing apparels of accused and deceased. The probability of defence plea 'alibi' is not established. It is a full proof case. Because of the above, the conviction of the appellant U/s.302 I.P.C. and sentence of life imprisonment do not warrant any interference in this appeal. Accordingly the JCRLA stands dismissed. Send back the L.C.Rs. forthwith. S. K. Mishra, J I agree