JUDGMENT :

Deepak Gupta, J.

Leave granted in appeal arising out of SLP (Crl.) No. 2306 of 2011.

2. Both the appeals are being disposed of by a common judgment.

3. The undisputed facts are that the deceased Arun was a friend of accused Siva @ Sivaprakash, Accused No. 1. The deceased along with Accused No. 1 and Chandru @ Chandrasekaran, Accused No. 2, travelled to Chennai on 30.10.2004. They went to Meena Guest House, run by M. Sheik Davood (PW-3) at about 9 p.m. where room no. 203 was allotted to them. At about 9.30 p.m. Venkatesh @ Venki came to the room. Venki injected 4 ml of Tidijesic drug into the left wrist of deceased Arun. Venki also used 2 ml drug for himself. Thereafter, Venki left the guest house. Next morning i.e. on 31.10.2004, the two appellants herein called Venki since Arun did not get up. The room boy of the lodge viz., Sankar (PW-4) complained to the Manager of the lodge that a lot of people were coming into room no. 203. It was found that Arun was dead. Thereafter, Iqbal (PW-2), working as Manager in the company owned by father of the deceased Arun and Ponsekar (PW-1), maternal uncle of the deceased came to the room.

4. PW-1 filed a complaint on 31.10.2004 at 9.45 a.m