The prosecution proved the conspiracy theory and the involvement of the accused in the commission of the crime, leading to their conviction for murder and conspiracy under sections 120B and 302 of the Indian Penal Code.

(Judgment of the Court was delivered by M.CHOCKALINGAM, J.)

1. This judgment shall govern these two appeals in C.A.Nos.592 and 636 of 2010.

2. Both these appeals challenge a judgment of the Additional Sessions Division, Fast Track Court No.V, Chennai, made in S.C.No.237 of 2009 whereby the accused/appellants stood charged, tried and found guilty as follows:

ACCUSED CHARGES

FINDING PUNISHMENT

A-1 & A-2

120B IPC Guilty 7 years RI along with a fine of Rs.2000/- and default sentence

A-2

302 IPC

Guilty

Life imprisonment along with a fine of Rs.10000/- and default sentence

A-1

302 r/w 120B IPC

Guilty

Life imprisonment along with a fine of Rs.10000/- and default sentence

3. Short facts necessary for the disposal of these appeals can be stated as follows:

(a) P.W.1, the de-facto complainant, was carrying on his business and residing at Madras. P.W.5, the owner of Nila Sea Foods, is the father of the deceased Arun Prabhu and also the brother-in-law of P.W.1. The second sister of P.W.1 was given in marriage to P.W.5. Arun Prabhu had stayed with P.W.1 on a few occasions in the past. Both the accused/appellants were known to P.W.1. A-1 had also stayed with him at Chennai and Tuticorin. Arun Prabhu joined Madras Christian College School. After completing his plus two course, he joined Sathyabama Engineering College. Since he did not study properly, he was admitted in B.Com. Course in a college at Tuticorin.

(b) On 29.10.2004, Arun Prabhu started at Tuticorin. Siddharth, a friend of the deceased, joined him at Tuticorin. At Virudhunagar, another friend Mathesh also joined him. When they were on their way to Madras, A-1 joined at Madurai. A-2 a friend of A-1, and also a second year student of Chidambaram Medical College also accompanied them, and they were all travelling in a car. The Car met with a mechanical defect. A-1 and A-2 went to Mylapore for repairing the car.

(c) At about 7.00 P.M. on 30.10.2004 one Mr.Jeyaraj, the Manager of Nila Sea Foods, owned by P.W.5, contacted P.W.1 over phone and informed him that Arun Prabhu and his friend Siddharth were coming to Madras, and they would be staying with him that night. On receiving the information, P.W.1 called Arun Prabhu in his mobile phone, and the deceased replied that he was dressing his hair in a saloon, and he would be coming to his house that night. But, he did not come to stay at P.W.1s house.

(d) P.W.3 is the owner of Meena Guest House, Chennai. Both the accused/appellants along with Arun Prabhu came to the lodge at about 9.30 P.M. on that day, and they were allotted Room No.203, a triple bed room. P.W.4 was the room boy allotted to the room. At that time, P.W.4 took all of them to room No.203 situated in the second floor, and at about 9.30 P.M., Venki @ Venkatesh came to the room on the request of A-1 and A-2, and he stayed in that room for half an hour. At that time, A-1 and A-2 were in possession of the drug, needle and the syringe. They asked Venki @ Venkatesh to inject the drug to Arun Prabhu, and accordingly, Venki injected 4 ml of Tidijesic drug above the left wrist. After injecting 4 ml to Arun Prabhu, Venki used 2 ml drug by injecting himself. After injection, Arun Prabhu was laid down on the bed, and he was feeling drowsy. Venki told A-1 and A-2 that after he woke up, he should be given tiffin. After getting Rs.50 from A-1, Venki left the room.

(e) On 31.10.2004 at about 6.00 A.M., A-1 and A-2 called Venki by phone to come to the guest house immediately. When Venki reached the guest house, he saw the dead body of Arun Prabhu and also noticed another injection mark in the left elbow joint upper part. P.W.2, the Branch Manager of the Nila Sea Foods, Madras, on receipt of the information by A-1 through phone that Arun Prabhu was in an unconscious state in a lodge at Triplicane, informed P.W.1 about the same. P.W.1 ascertained that the information was given by A-1. Thereafter, A-1 asked P.W.2 to come immediately. Again A-1 called P.W.2 to come immediately,