BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner Bhupinder Singh has challenged order dated 29/01/2019 whereby an application filed by prosecution under Section 311 Cr.P.C. seeking permission to summon additional witnesses has been accepted.

(2.) A few facts necessary to notice for disposal of this petition are that initially F.I.R. No. 101 dated 21.9.2002, under Section 295-A, 371, 420, 467, 468, 471, 506, 120-B IPC and under Section 18, 19 and 20 of Transplantation of Human Organs Act 1994 was lodged at P.S. 'D' Division, Amritsar when it came to light that a trade of human organs was going on in Amritsar, wherein poor persons were induced into parting with their kidneys in lieu of some monetary consideration and kidneys so extracted used to be sold at hefty prices to rich patients. The entire scam was being run by some doctors in connivance with mediators/touts.

(3.) During the course of investigation of aforesaid F.I.R. No.101 dated 21.9.2002, it surfaced that in the year 2003, one Mulkh Raj Goel, whose both the kidneys had failed had contacted 'Kakkar Hospital' at Amritsar, where a deal was struck for providing a kidney to him for Rs. 2.5 lacs of a donor namely Sudesh Kumar. Said Sudesh Kumar was a labourer whose kidney was taken out for a petty amount and was transplanted in the body of Mulkh Raj Goel. However, the donor Sudesh Kumar was not provided adequate post-extraction treatment and resultantly he expired. Consequently, FIR No.25 dated 1.2.2003 under Sections 363, 302, 201, 465, 120-B IPC and under Sections 18, 19 and 20 of Transplantation of Human Organs Act, 1994, was lodged pertaining to the specific incident of death of Sudesh Kumar.