ORDER 1. We have heard the learned counsels for the parties. 2. Delay condoned. Leave granted. 3. We have perused the order of the High Court and the other relevant materials on record. 4. The sole basis on which the accused appellant has been convicted is the evidence with regard to the accused being last seen with the deceased at about 8.30 p.m. on the date of occurrence which fact is established by the evidence of P.W.1. The dead-body was recovered early next morning. 5. Proof of the aforesaid circumstance i.e. last seen together, by itself, cannot and does not conclusively establish that it is the accused and the accused alone who is responsible for the crime. At best, it is one of the circumstances in the chain that the prosecution is obliged to build to succeed in a given case. There being no other evidence, except, what has been discussed above, we are of the view that the conviction of the accused appellant under Section 302 IPC and the consequential sentence of life imprisonment is legally untenable. 6. Consequently and in the light of the above, we allow the present appeal; set aside the order of the High Court. The conviction and sentence imposed on the accused is set aside and he is acquitted of the charge levelled against him.