SURESH GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS fourth suspension of sentence application has been filed under Section 389 of the Criminal Procedure Code against the judgment dated 28.11.2007 passed by the Additional Sessions Judge (Fast Track) No. 2, Jaipur City Jaipur. Earlier three suspension of sentence application were rejected by this Court vide orders dated 30.4.2008, 21.8.2008 and 6.7.2009.

(2.) BRIEF facts of the case are that one Hussain gave a parcha bayan on 18.11.1995 that in House No. 98 C, Shyam Nagar one group of doctors who have come from Om Path, Bombay, is staying. These doctors before one month, by doing him unconscious from injunction removed his right side kidney (gurda) by way of deceipt and these doctors have put the said kedney in the body of Mustaff Gaddal, who is resident of Syria Country and he has been compelled by way of threatening from 'gunda elements' to leave Jaipur. It was further stated by him that due to weakness in his body, he is not in a position to move. On the basis of said parcha bayan, the police registered an FIR for the offence under Sections 307, 326, 325, 420 and 120 B IPC.

(3.) ON 6.7.2009 this court has carefully gone through the order passed by the Hon'ble Apex Court in Special Leave to Appeal (Cr.) No. 7649/2008 Dr. Suresh Gupta vs. State of Rajasthan, which was reproduced by this Court in the order dated 6.7.2009. At that time this court requested the learned counsel appearing for the accused appellant to argue the suspension application and the appeal on merits but he made a statement at Bar that he has not prepared the matter on merits and prepared for adjournment of the case. It was observed by this Court that no subsequent development have taken place after deciding the second application for suspension of sentence. Today also the learned counsel for the accused petitioner has not been able to point out any subsequent events in order to further consider the fourth application for suspension of sentence when earlier three applications were decided on merits by this Court. The facts of the case clearly reveal that the act of the accused appellant is ghastly and he has taken out Kidney (gurda) from the body of the accused, which is a vital part and in other words whole human body is depended on kidney. At this stage I may refer some excerpts in relation to kidney, which reads as under: The kidneys are a pair of vital organs that perform many functions to keep the blood clean and chemically balanced. The kidneys are sophisticated reprocessing machines. Every day, a person's kidneys process about 200 quarts of blood to sift out about 2 quarts of waste products and extra water. The wastes and extra water become urine, which flows to the bladder through tubes called ureters. The bladder stores urine until releasing it through urination. The kidneys remove wastes and water from the blood to form urine. Urine flows from the kidneys to the bladder through the ureters. Wastes in the blood come from the normal breakdown of active tissues, such as muscles, and from food. The body uses food for energy and self-repairs. After the body has taken what it needs from food, wastes are sent to the blood. If the kidneys did not remove them, these wastes would build up in the blood and damage the body. The actual removal of wastes occurs in tiny units inside the kidneys called nephrons. Each kidney has about a million nephrons. In the nephron, a glomerulus-which is a tiny blood vessel, or capillary intertwines with a tiny urine-collecting tube called a tubule. The glomerulus acts as a filtering unit, or sieve, and keeps normal proteins and cells in the bloodstream, allowing extra fluid and wastes to pass through. A complicated chemical exchange takes place, as waste materials and water leave the blood and enter the urinary system. In the nephron (left), tiny blood vessels intertwine with urine- collecting tubes. Each kidney contains about 1 million nephrons. At first, the tubules receive a combination of waste materials and chemicals the body can still use. The kidneys measure out chemicals like sodium, phosphorus, and potassium and release them back to the blood to return to the body. In this way, the kidneys regulate the body's level of these substances. The right balance is necessary for life. In addition to removing wastes, the kidneys release three important hormones: erythropoietin, or EPO, which stimulates the bone marrow to make red blood cells renin, which regulates blood pressure calcitriol, the active form of vitamin D, which helps maintain calcium for bones and for normal chemical balance in the body."