Common intention and last-seen evidence can sustain murder conviction despite minor discrepancies and investigative lapses.

Minor discrepancies, delayed witness examination, partial hostility and investigative lapses do not defeat a murder prosecution where the evidence as a whole establishes a complete chain, supported by eyewitness accounts, recovery material and post-mortem evidence of homicidal strangulation. Non-sending of articles to the forensic laboratory was treated as a defect in investigation, not a ground to disregard substantive proof of guilt. Identification in court, a short last-seen gap between the deceased and the accused, and the absence of a plausible explanation for the death supported conviction. Shared assault, strangulation and disposal of the body were treated as conduct showing common intention under Section 34 IPC.

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Issues: (i) Whether the prosecution had proved the murder and subsequent disposal of the body beyond reasonable doubt despite minor discrepancies, delayed examination of some witnesses, hostile testimony and investigative lapses; (ii) Whether the conviction of the accused, including the appellant Shyamal Ghosh, could be sustained on the basis of the evidence of identification, the last seen circumstance and Section 34 of the Indian Penal Code, 1860.

Issue (i): Whether the prosecution had proved the murder and subsequent disposal of the body beyond reasonable doubt despite minor discrepancies, delayed examination of some witnesses, hostile testimony and investigative lapses.

Analysis: The prosecution evidence included eyewitnesses to the altercation, strangulation and loading of the mutilated body parts into the vehicle, corroborated by recovery evidence and post-mortem findings showing homicidal death by strangulation. The Court treated the variations in timing, the delay in recording statements, and the partial hostility of some witnesses as immaterial because they did not affect the core of the prosecution case. It further held that defective investigation, including omission to send articles to the forensic laboratory, could not by itself justify acquittal where the substantive evidence established guilt.

Conclusion: The prosecution proved the occurrence and the disposal of the body beyond reasonable doubt, and the challenge based on discrepancies, hostile witnesses and investigative lapses failed.

Issue (ii): Whether the conviction of the accused, including the appellant Shyamal Ghosh, could be sustained on the basis of the evidence of identification, the last seen circumstance and Section 34 of the Indian Penal Code, 1860.

Analysis: The Court held that the non-naming of Shyamal Ghosh in the FIR or by one witness in initial statements was not decisive because multiple witnesses identified him in Court as present during the assault and disposal of the body. It further found that the time gap between the deceased being seen alive with the accused and discovery of the corpse was sufficiently small, and that the accused offered no plausible explanation for the death after they were last seen with the deceased. On Section 34, the Court held that the acts of threatening, assaulting, strangulating and disposing of the body showed shared intention and collective participation in the murder.

Conclusion: The identification evidence, last seen circumstance and common intention under Section 34 were sufficient to sustain the conviction, including that of Shyamal Ghosh.

Final Conclusion: The findings of guilt and the sentence imposed by the High Court were upheld, and no interference was warranted.

Ratio Decidendi: Minor discrepancies, delayed witness examination and investigative lapses do not displace a conviction where the evidence as a whole establishes a complete chain proving guilt; common intention under Section 34 may be inferred from concerted participation and conduct at the scene, including the acts of assault and disposal of evidence.

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