intervene, but then, a witness must offer an acceptable explanation for his unusual conduct. PW-3, PW-4 and PW-5 had claimed that they have seen the occurrence and on hearing hulla they came out from their house but they do not indicate any circumstance or a plausible reason why they did not try to save Sushain Munda. They have not tried to inform the police and in fact they have denied knowledge of the persons who had arrived at the place of occurrence. In his examination-in-chief, PW-3 has not spoken about presence of PW-4 and PW-5 and these two witnesses have also not disclosed presence of each other at the place of occurrence. In his fardbeyan the informant has stated that he was going to Jaridih with Sushain Munda for breakfast, however, the post-mortem report would reveal that 300 gms. of rice was found in the stomach of the deceased. The learned Sessions Judge has discussed about motive for the crime. In a case based on direct evidence generally motive does not play an important role in a criminal trial and it is also true that only on the basis of motive conviction of an accused cannot be recorded, but then, in a case of this nature in which the materials produced by the prosecution to prove the charge of murder against the appellant are so sketchy and sometimes inconsistent that failure of the prosecution to establish motive for the crime would definitely be fatal for the prosecution. 17. The mistakes committed by the Investigating Officer during the investigation of the case have also weakened the prosecution's case against the appellant. The Investigating Officer has failed to collect material evidences which could have connected the appellant with the crime. He has stated in the Court that he has found blood stains at the place of the occurrence, however, he has not collected the blood-stained earth. He has not seized the blood-stained clothes of Sushain Munda and he has failed to recover the crime weapon. He has not made an inquiry about tractor on which the informant had allegedly proceeded with Sushain Munda for Jaridih. In his examination in the Court, he has revealed that there are fields of Fulchand Munda and Babu Lal Bhokta near the place of occurrence but he has not examined these persons during the investigation. One Makar Munda has put his thumb impression on the fardbeyan of the informant and the post-mortem report would reveal that the dead body of Sushain Munda was brought to the hospital by Lakhendra Bhokta, brother
