Case: Chandru Vs. State and Ors

ill founded. Why would Chandru kill another human being just on the asking of the accused Siva? Chandru was a medical student, studying in a profession meant to save lives and not to kill people. From the evidence on record it stands established that the deceased was a drug addict and had been taking injectible drugs for a long time. It is well known that such drug addicts can easily inject themselves. What has happened in this case is not clear but it cannot be said with certainty that Chandru had injected the poisonous substance into the body of the deceased. There is no evidence in this regard. As we have discussed above, it was not only Siva and Chandru who were coming to Chennai with deceased Arun but Siddharth and Mathesh were also coming to Chennai in the same car. However, they went back only after the car met with an accident. All these boys were in their late teens or early 20s and two of them got scared after the accident and they went to the homes of their relatives and from there they contacted their respective mothers. Since they had obtained permission of their mothers by giving false excuses, they got scared and went back. Even as per the prosecution, Chandru had no motive to kill Arun. Therefore, the inference drawn by the High Court as well as the trial court that Siva and Chandru had conspired or had the common intention of murdering Arun is not based on any cogent or reliable evidence. 14. Other than the circumstances referred to above, there are other circumstances which go against the prosecution which we shall refer to now: 1. Inconsistency in the statement of PW¬1 – PW¬1 is the maternal uncle of the deceased. In his first complaint made in the police station on 31.10.2004, there is no reference to R (PW-10) or other facts which have been stated at a later stage. The private complaint filed by him four years later is contrary to the first complaint filed by him immediately after the occurrence. His explanation is that he was asked to sign on two blank papers by the police. First of all, we see no reason why the police in a case of this nature would try to help the accused and shield the actual criminal. Secondly, there is no material on record to show that PW-1, the maternal uncle or PW¬ 5, father of the deceased, ever complained to any authority that PW¬1 had been forced to sign two blank papers. This is a case where the maternal uncle and the father of the deceased had approached the High Court on at least two occasions for transfer of the investigation. They succeeded once and failed on the second occasion. In case the version of PW-1 that his signatures were taken on blank papers was correct, then he would have definitely said so much earlier. He would have reported the matter to the higher authorities or made mention of this in the petitions filed in the High Court. Despite a pointed query to the counsel for the original complainant and the informant and the State they failed to point out whether any such complaint had been made by PW¬1 or PW-5. Therefore, we do not accept the version of PW¬1 that his signatures were obtained on blank sheets of papers. This also casts a doubt on the veracity of the statement of PW¬1. 2. Delay in filing the private complaint ¬ It is true that PW¬1 and PW-5 were moving the High Court for transfer of the case to some other investigating agency but, at the same time, it would be pertinent to mention that after the charge-sheet was filed against Venki by the Investigating Officer (DW¬4), neither PW¬1 nor PW¬5 filed any protest petition to the effect that the accused (appellants herein) should also be arraigned as accused. They let the matter go on and it was only after Venki died that the private complaint was filed. There is no explanation why no protest petition was filed when the police had only made out a case against accused Venki and that too under Section 304 IPC and not murder. 3. PW¬1 and PW¬5 are not coming to the Court with clean hands – The motive has been introduced after four years. The father and the maternal uncle of the deceased never brought up the issue of the deceased having conversations with R (PW-10) at any earlier stage. Therefore, PW¬1 and PW¬5 are not coming to the court with clean hands. They have cooked up the story of signing on blank papers and also cooked up the story relating to the motive. Therefore, their evidence is not reliable and a person cannot be convicted on the basis of such evidence. 15. All that is proved is that the deceased and the accused were sleeping in one room and the deceased died due to overdose of drug. The prosecution had miserably failed to prove that the accused injected this drug. It is the case of the prosecution that the first injection was administered by Venki, which was only 4 ml. There is possibility of the deceased injecting himself on the second occasion sometime in the middle of the night or early in the morning. In this context, we must remember that the doctor, who conducted the post-mortem has not given any approximate time of death of the deceased which could have helped us in the matter. The circumstances proved cannot lead to the inference that it is the accused alone who committed the offence. In fact, the prosecution has even failed to prove beyond reasonable doubt that the death is homicidal in view of the inconsistencies in the medical evidence dealt by us above. Even otherwise, it is not proved that it was the accused who injected the deceased and the possibility of the accused injecting himself or some other person doing so cannot be ruled out.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]13. In a case based on circumstantial evidence it is always better for the courts to deal with each circumstance separately and then link the circumstances which have been proved to arrive at a conclusion. Unfortunately, in this case, though a reference has been made to some circumstances, the circumstances have not been discussed separately. Therefore, we propose to discuss the various circumstances relied upon by the prosecution:1. LAST SEEN TOGETHER –As far as this circumstance is concerned, the same stands proved. It is the case of all that Room No. 203 in Meena Guest House was hired by the two accused and the deceased. Venki came at about 9.30 p.m., but he left at 10.15 p.m. Thereafter the lodge was locked. Therefore, this circumstance is proved. Though this circumstance is proved, we must also look into the circumstances under which the accused were last seen together with the deceased. The case of the prosecution is that it is the accused who took the deceased to the room with the intention of killing him since the accused Siva suspected that R (PW-10) was having an affair with the deceased. However, the manner in which the accused reached Chennai and the guest house in question suggests a total different story. The maternal uncle of the deceased (PW¬1) states that one Jeyaraj, an employee of PW-5 informed him over the phone at about 6/7 p.m. on 30.10.2004 that the deceased Arun along with his friend Siddharth was coming to stay in the night with PW-1 at Chennai. A few minutes later, PW¬1 talked to his nephew Arun, who also told him that he would be coming to his uncles house but did not come. Siddharth is the son of Gomti Pandian (PW¬7). According to her, Siddharth told her that he was going to Chennai along with his friend Arun (deceased) to purchase some clothes. She was reluctant to send her son with his friend but then she talked to Arun who told her that they would be going to Chennai by bus and convinced her to send Siddharth with him. She dropped Siddharth at the bus stand. Later she came to know that her son Siddharth had gone to Chennai along with the deceased Arun and three other persons in a car which had met with an accident. She was informed about this by Kala Devi (PW¬8), whose son Mathesh had also travelled in the same car. Thus, it is clear that it was Arun (deceased), who convinced Siddharths mother to send Siddharth with him. This witness also stated that later her son informed her that the car had met with an accident and, thereafter, he and Mathesh did not proceed to Chennai and returned to their homes. PW-8 states that her son Mathesh had told her that he was going to Coimbatore. Next morning she received a call from her brothers son. He told her that the car in which Mathesh was travelling had met with an accident. She was also told that Mathesh along with his friends Siva, Chandru, Siddharth and Arun came to the house of her brother and thereafter Mathesh returned to home. Thus, it is clear that Siddharth and Mathesh were also travelling in the car and they would have also gone to Chennai but for the fact that the car met with an accident. Thereafter, Siddharth and Mathesh did not proceed further and returned to their homes. As such, it is clear that it was not the accused, who had organised the trip but it was the deceased, who had organised the trip and, therefore, it cannot be said that the accused had taken the deceased to the guest house with the intention of killing him. This assumption by both the courts below is based on no evidenceMedical evidence led in this case clearly indicates that the deceased died due to overdose of Tidijesic. It is not 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. The evidence of Dr. R. Baskaran (PW-11), who is Professor and Head of the Department of Legal and Forensic Medicines, Royapettai Government Hospital, Chennai clearly shows that after chemical analysis it was found that the amount of the offending substance found in the blood of the deceased would be equal to injecting 40 ml of Tidijesic. Therefore, there is no manner of doubt that the deceased died due to overdosing of drugPW-11 stated that if a 20 ml syringe is used then about 40 ml of Tidijesic could be injected in two attempts. However, if a 5 ml syringe is used, it would require 8-10 attempts. He clearly states that he cannot tell when and how this 40 ml Tidijesic was injected into the body of the deceased. He also could not state what time the death had occurred. He also stated that it takes 6 to 24 hours for the drug to take effect and this would further depend upon the quantity of the drug, the physique and the actions of the person injected. Therefore, his statement does not help us with regard to the time of death or with regard to the number of attempts in which the drug was injected into the body of the deceased. Even in the post-mortem report the approximate time of death has not been indicated. Dr. A.N. Shanmugham (PW¬ 6), who conducted the post¬mortem also could not say when the death took placeDr. A.N. Shanmugham (PW¬6) in his statement had stated that injuries caused by the needle due to injection of medicine were found in fore arm, ankle of front foot, front and middle fore arm. He has been confronted with the post¬ mortem report (PD-5), in which there is mention of only two injection marks – one in front of left elbow joint and one in middle of left fore arm. It is clearly mentioned that no other external or internal injuries seen over the body. He has not been able to give a proper explanation why he did not mention other injuries in the post¬mortem report. This would mean that the deceased was injected only twiceIt is the case of the prosecution that on the first occasion the deceased was injected with 4 ml Tidijesic. Therefore, 36 ml could not have been injected in one go on the next occasion. The police has not recovered any syringe or other material from the room. As per the prosecution case, the lodge was locked at about 10.30 p.m.. The next morning the deceased was found dead. No recoveries of any ampoules or syringe have been made from the accused or at their instance to connect them with the offenceThe prosecution, by means of the aforesaid medical evidence, has failed to link the accused with the death of the deceased. The prosecution has failed to prove the exact time of death of the deceased. The deceased was first injected an injection between 9.30 p.m. to 10.00 p.m.. As per doctor, the effect of this could end in about six hours. Therefore, the possibility of the deceased getting up himself in the middle of the night to inject himself cannot be ruled out. There is also the possibility of his calling some other person to inject him with the drug. Even more importantly, the prosecution has failed to prove where the balance 36 ml of drug came from. Who got this drug and when? There is no evidence that the accused purchased this drug. No recovery has been made from them and, therefore, we are of the view that though it stands proved that the deceased died due to overdose of drug, the prosecution has miserably failed to link the accused with the death of the deceasedThe motive put forth is that R (PW¬10) was close to accused Siva, who introduced her to Arun. According to the case set up by the prosecution, the two had developed a close relationship and were regularly chatting with each other on phone and through SMS-es. This was not liked by Siva (Accused No.1), who thereafter conspired with Chandru (Accused No. 2) to kill the deceased by overdosing him. R (PW-10) in her statement has not at all supported the prosecution case and according to her, she had never met Arun but had talked to him over phone and that too occasionally. She also stated that she and the deceased Arun would exchange SMS-es which were usual in nature. She, in cross¬examination, denied the suggestion that she used to talk to Arun every day. She stated that they talked generally about matters relating to college. She also denied that she had any special relationship with Siva. According to her, Siva was her friend being a college-mate. No other evidence has been led to prove that R (PW¬10) had any special relationship with accused Siva or that she had developed any special relationship with deceased Arun. The only evidence in this regard is the statement of R (PW¬10), which does not support the prosecution case at allIn this regard, it would also be pertinent to mention that in the first complaint filed by PW-1, there is no mention of R (PW¬10), much less of her having any affair with either the accused or the deceased. This was brought out for the first time only in the complaint filed four years after the death of Arun. There is no explanation for this long silence of four years. Therefore, we are clearly of the view that the motive has not been proved. We must also remember that the accused and the deceased were good friends. They had studied for many years together and there is not even an iota of evidence about such love triangle4. CHANDRU WAS A MEDICAL STUDENT¬Both the courts below have come to the conclusion that Chandru was asked by Siva to commit the crime because Chandru was a medical student and he alone knew how to inject the substance into the body of the deceased. We are constrained to observe that the inference drawn by the courts below was totally ill founded. Why would Chandru kill another human being just on the asking of the accused Siva? Chandru was a medical student, studying in a profession meant to save lives and not to kill people. From the evidence on record it stands established that the deceased was a drug addict and had been taking injectible drugs for a long time. It is well known that such drug addicts can easily inject themselves. What has happened in this case is not clear but it cannot be said with certainty that Chandru had injected the poisonous substance into the body of the deceased. There is no evidence in this regard. As we have discussed above, it was not only Siva and Chandru who were coming to Chennai with deceased Arun but Siddharth and Mathesh were also coming to Chennai in the same car. However, they went back only after the car met with an accident. All these boys were in their late teens or early 20s and two of them got scared after the accident and they went to the homes of their relatives and from there they contacted their respective mothers. Since they had obtained permission of their mothers by giving false excuses, they got scared and went back. Even as per the prosecution, Chandru had no motive to kill Arun. Therefore, the inference drawn by the High Court as well as the trial court that Siva and Chandru had conspired or had the common intention of murdering Arun is not based on any cogent or reliable evidence14. Other than the circumstances referred to above, there are other circumstances which go against the prosecution which we shall refer to now:1. Inconsistency in the statement of PW¬1 –PW¬1 is the maternal uncle of the deceased. In his first complaint made in the police station on 31.10.2004, there is no reference to R (PW-10) or other facts which have been stated at a later stage. The private complaint filed by him four years later is contrary to the first complaint filed by him immediately after the occurrence. His explanation is that he was asked to sign on two blank papers by the police. First of all, we see no reason why the police in a case of this nature would try to help the accused and shield the actual criminal. Secondly, there is no material on record to show that PW-1, the maternal uncle or PW¬ 5, father of the deceased, ever complained to any authority that PW¬1 had been forced to sign two blank papers. This is a case where the maternal uncle and the father of the deceased had approached the High Court on at least two occasions for transfer of the investigation. They succeeded once and failed on the second occasion. In case the version of PW-1 that his signatures were taken on blank papers was correct, then he would have definitely said so much earlier. He would have reported the matter to the higher authorities or made mention of this in the petitions filed in the High Court. Despite a pointed query to the counsel for the original complainant and the informant and the State they failed to point out whether any such complaint had been made by PW¬1 or PW-5. Therefore, we do not accept the version of PW¬1 that his signatures were obtained on blank sheets of papers. This also casts a doubt on the veracity of the statement of PW¬12. Delay in filing the private complaint ¬It is true that PW¬1 and PW-5 were moving the High Court for transfer of the case to some other investigating agency but, at the same time, it would be pertinent to mention that after the charge-sheet was filed against Venki by the Investigating Officer (DW¬4), neither PW¬1 nor PW¬5 filed any protest petition to the effect that the accused (appellants herein) should also be arraigned as accused. They let the matter go on and it was only after Venki died that the private complaint was filed. There is no explanation why no protest petition was filed when the police had only made out a case against accused Venki and that too under Section 304 IPC and not murder3. PW¬1 and PW¬5 are not coming to the Court with clean hands –The motive has been introduced after four years. The father and the maternal uncle of the deceased never brought up the issue of the deceased having conversations with R (PW-10) at any earlier stage. Therefore, PW¬1 and PW¬5 are not coming to the court with clean hands. They have cooked up the story of signing on blank papers and also cooked up the story relating to the motive. Therefore, their evidence is not reliable and a person cannot be convicted on the basis of such. All that is proved is that the deceased and the accused were sleeping in one room and the deceased died due to overdose of drug. The prosecution had miserably failed to prove that the accused injected this drug. It is the case of the prosecution that the first injection was administered by Venki, which was only 4 ml. There is possibility of the deceased injecting himself on the second occasion sometime in the middle of the night or early in the morning. In this context, we must remember that the doctor, who conducted the post-mortem has not given any approximate time of death of the deceased which could have helped us in the matter. The circumstances proved cannot lead to the inference that it is the accused alone who committed the offence. In fact, the prosecution has even failed to prove beyond reasonable doubt that the death is homicidal in view of the inconsistencies in the medical evidence dealt by us above. Even otherwise, it is not proved that it was the accused who injected the deceased and the possibility of the accused injecting himself or some other person doing so cannot be ruled out.