This petition was rejected by the High Court on 08.02.2008.
Hence, the present appeals.
In this companyplaint it was also alleged that the accused Siva had close association with PW10 hereinafter referred to as R .
The room boy of the lodge viz.,
Meanwhile, on 23.01.2008, more than three years after the incident, a chargesheet was filed by the CB CID under Section 173 of the Criminal Procedure Code for short CrPC only against Venkatesh Venki under Section 304 Part II of the Indian Penal Code for short IPC .
He thereafter went to Triplicane Police Station and lodged the report.
The evidence of the witnesses were recorded.
On the basis of the aforesaid report a case being Crime No.1150 of 2004, was registered.
203, Venki was present and told the companyplainant that the accused had given excess narcotic drugs on the left inner portion of the arm due to which the deceased died.
He stated that he companyld number say with certainty what was the cause of death but it was possible by drug injection.
It is number disputed that 4 ml of Tidijesic was injected into the wrist of the deceased by Venki, who administered 2 ml of the same substance into himself and thereafter the deceased died.
It was also alleged that Venki was paid Rs.50/ by the accused Siva for his services.
It was only thereafter that PW1, maternal uncle of the deceased, filed a private companyplaint before the companyrt which is Exhibit P1.
Venki was arrested in companynection with the said crime and he allegedly made a companyfessional statement to the police on 08.11.2004 which led to the discovery of Tidijesic syringe, empty ampoules, unused Tidijesic ampoule etc PW1, the maternal uncle of the deceased, filed a petition in the High Court of Madras in February, 2005 seeking transfer of the investigation to some other agency since he was number happy with the manner in which the case was being investigated.
Thereafter, the case was companymitted to the Court of Sessions and charges were framed against the accused, who pleaded number guilty.
The undisputed facts are that the deceased Arun was a friend of accused Siva Sivaprakash, Accused No.1.
It was alleged that the FIR was lodged by the police in companynivance with the two accused.
2, travelled to Chennai on 30.10.2004.
He immediately went to the guest house where he found that his nephew was dead.
No.2306 of 2011.
Venki also used 2 ml drug for himself.
Venki was a drug peddler and Arun was number in the habit of taking drugs.
On the request of the accused, Venki had injected 4 ml of Tidijesic injection in the left wrist of the deceased.
Sankar PW4 companyplained to the Manager of the lodge that a lot of people were companying into room number 203.
203 and Venki came to the room at the invitation of the accused Chandru.
When this witness went to the room No.
In this companyplaint it was stated that the two accused and the deceased had stayed in Room No.
However, he was number studying properly and had developed some bad habits and, therefore, he was shifted to a companylege at Thoothukudi.
The body of the deceased was sent for postmortem.
The deceased along with Accused No.
In this companyplaint it is also mentioned that there were marks of injecting two injections and, according to the report of the Forensic Science Laboratory, a huge amount of narcotic substance had been injected into the deceased which caused his death.
The relevant portion of the companyplaint is to the effect that on 31.10.2004 at about 7.30 a.m. he had received a call from Iqbal PW2 informing him that his nephew Arun, who stayed the night in Room No.203 of Meena Guest House had companysumed heavy dose of a drug through injection and is unconscious.
Venkatesh Venki, Sivaprakash Siva and Chandrasekaran Chandru.
They went to Meena Guest House, run by M. Sheik Davood PW3 at about 9 p.m. where room number 203 was allotted to them.
It was found that Arun was dead.
In the companyplaint it was also stated that immediately after he had visited the guest house on 31.10.2004, he had gone to the Triplicane Police Station, where the police forcibly obtained his signatures on two blank papers.
There were three suspects before the police viz.,
Venki died after the filing of the chargesheet but before trial of the case on 21.07.2008.
According to this companyplaint, Arun had been injected for the second time in the left arm inner portion.
The High Court vide order dated 28.02.2005 transferred the investigation to the CB CID, Tamil Nadu.
Thereafter, Venki left the guest house.
The present accused appellants herein were cited as prosecution witnesses in the said chargesheet.
PW1 filed a companyplaint on 31.10.2004 at 9.45 a.m., in which he stated that his nephew Arun was earlier studying in an engineering companylege at Chennai.
In the year 2006, PW5, father of the deceased, filed a petition in the Madras High Court for transferring the investigation of the case to the Central Bureau of Investigation CBI .
Accused also examined four witnesses.
Signature Not Verified Digitally signed by POOJA ARORA Date 2019.02.12 165527 IST Reason Both the appeals are being disposed of by a companymon judgment.
1 and Chandru Chandrasekaran, Accused No.
Next morning i.e. on 31.10.2004, the two appellants herein called Venki since Arun did number get up.
All three were subjected to Polygraph, Brainmapping and Narcoanalysis tests at a Forensic Science Laboratory.
At about 9.30 p.m. Venkatesh Venki came to the room.
However, during the tests, Venkis answers were found deceptive.
According to the Investigating Officer DW4 , who carried the investigation, the two appellants herein cleared the said tests and there was numbersuspicion against them since they disclosed numbersigns of deception.
Venki injected 4 ml of Tidijesic drug into the left wrist of deceased Arun.
Deepak Gupta, J. Leave granted in appeal arising out of SLP Crl.
Dr. A.N. Shanmugham PW6 companyducted the postmortem.
Thereafter, Iqbal PW2 , working as Manager in the companypany owned by father of the deceased Arun and Ponsekar PW1 , maternal uncle of the deceased came to the room.
