Penal Code, 1860: s. 302 – Murder – Prosecution case that previous enmity between the accused persons and the complainant – Accused no. 11 assaulted the complainant and thereafter, the complainant lodged an FIR – Said accused then alongwith the other accused armed with deadly weapons formed an unlawful assembly, and assualted the victim-complainant’s father along with the prosecution witnesses, resulting in the death of the victim – Conviction of the accused persons for the offences punishable u/s. 302 along with the other offences and sentenced to life imprisonment by the courts below – Sustainability of – Held: Delay in lodging of the FIR by the injured person not explained at all – Prosecution attempted to supress the real genesis of the incident – There was non-explanation of the injuries sustained by the accused, which cannot be considered to be minor or superficial – Prosecution suppressed the information that accused informed the police that he was assaulted by the complainant, thus, the said accused entitled to the benefit of doubt – As regards the remaining accused persons, their names were not mentioned in the merg report which was lodged prior to the lodging of FIR, in the inquest panchnama and spot panchnama – Taking into consideration the delay in lodging the FIR, with the circumstance of their names not being mentioned in the contemporaneous documents, the possibility of the said accused being falsely implicated cannot be ruled out – Their conviction was based only on the oral testimony of the interested witness without sufficient corroboration, thus, would not be sustainable – Judgment and order passed by the High Court set aside – Evidence.