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2. The deceased Bose @ Periya Bose (D1), Kanagaraj (D2) and the appellant hailed from Keezharamanathi village in Kamuthi taluk of Ramanathapuram District. The appellant had borrowed monies from Bose (D1) from time to time, which aggregated to Rs.40,000/-. Due to matrimonial discord, the appellant left the village and went to Chennai and got employment in a hotel. Since there was no news of the appellant, Bose (D1) went to Chennai and traced the appellant and demanded return of the loan. It is alleged that Bose (D1) had quarrelled with the appellant in the work place and thus, affronted him. The appellant felt hurt and wanted to avenge this insult. It is alleged that on 05.10.2012, around 12.00 noon, the appellant came to the http://www.judis.nic.in house of Bose (D1) and gave a quarter bottle of 'Black Magic' brand brandy mixed with cyanide as gift from Chennai. Bose (D1) accepted the gift gleefully and after the appellant left, he went to the house of his neighbour Kanagaraj (D2), around 12.30 in the noon, for a booze rendezvous. The duo cheerfully sipped the liquor and soon they swooned. Arundevi (PW1), W/o.Kanagaraj (D2) raised alarm, hearing which, relatives of both men assembled and carried them to the Government Hospital, Kamuthi. Dr.Chandramouli (PW21) examined Bose (D1) at 1.00 p.m. on 05.10.2012 and found that he was unconscious, pulse not palpable, pupils not reacting to light and heart sound was faint. He made necessary entries in the Accident Register a copy of which was marked as Ex.P8. Thereafter, Dr.Chandramouli (PW21) examined Kanagaraj (D2) and noticed similar symptoms. The copy of the Accident Register qua Kanagaraj (D2) was marked as Ex.P9. Within a short while, both of them died and their bodies were sent to the mortuary.

“Final report: The above mentioned person died of cyanide poisoning 3-6 hours prior to post-mortem.” While the autopsies were going on, the Investigating Officer proceeded with the investigation and from the house of Kanagaraj (D2), a brandy bottle (MO.1) with the label 'Black Magic' containing around 2 ml brandy was recovered under the cover of mahazar (Ex.P5). Of course, even before the receipt of the Post-mortem Report, the Investigating Officer had sufficient materials to believe that the death had occurred due to mixture of poison in the brandy, that was gifted by the appellant to Bose (D1) and therefore, the case was http://www.judis.nic.in altered from one under Section 174 Cr.P.C. to Section 302 IPC vide Alteration Report (Ex.P18), which reached the jurisdictional Magistrate on 06.10.2012.
1.A synthetic bottle containing a glass Detected M.O.1 bottle labelled " ... BLACK MAGIC Cyanide BRANDY ... 180 ml ..." and containing 2 ml of brown colour liquid
2.A synthetic bottle containing a synthetic Detected M.O.3 syringe (6 ml) Cyanide
3.A synthetic bottle containing a synthetic Detected M.O.4 syringe (6 ml) with bended Cyanide needle with cap

11. In the cross-examination, Arundevi (PW1) admitted that her husband used to drink at times. She has categorically stated that her husband Kanagaraj (D2) and Bose (D1) drank in her house and denied the suggestion that she was not present, when they drank liquor.

12. Be that as it may, the Police have seized the "Black Magic” labelled brandy bottle (MO.1) with remnants from the house of Arundevi (PW1) on 05.10.2012 at 16.00 hours under mahazar (Ex.P5), in the presence of Gurumoorthy (PW14) and Meenatchi Sundaram (not examined). Gurumoorthy (PW14) has corroborated the evidence of the Investigating Officer in this regard. As stated above, the brandy bottle was sent through the Court to the Tamil Nadu Forensic Sciences Laboratory for examination and Vairamuthu (PW22), Junior Scientific Officer, in his evidence, as well in the report (Ex.P12), has stated that cyanide was detected in the brandy.