appellant no. 2 was found in the company of the deceased at 4.00 p.m. is not sufficient to link him with the commission of the offence of murder. For the reasons we have recorded, the testimony of so-called eyewitnesses cannot be relied upon. The theory of last seen together deserves to be rejected. Therefore, the prosecution has failed to bring home the charge against the appellants. CONCLUSION 18. For the reasons recorded above, the impugned judgments of the Trial Court and High Court to the extent to which the appellants were convicted for the offence Criminal Appeal No. 1637 of 2021 Page 22 of 23punishable under Section 302, read with Section 149 of IPC, are hereby set aside. The appellants are acquitted of charges against them. The appeal is accordingly allowed. 19. The appellants shall be set at liberty unless their custody is required concerning some other offence. ……………………..J. (Abhay S. Oka) ……………………..J. (Ujjal Bhuyan) New Delhi; May 03, 2024 Criminal Appeal No. 1637 of 2021