Gurgaon Kidney Scam Case Judgement

8/12/2019 Gurgaon Kidney Scam Case Judgement

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In the Court of Shri Najar Singh, Addl. Sessions Judge-cum- Special Judge, CBI,

Harana !anch"ula.

CBI Case No# $% of &$$'.

(ate of Institution# 1&.$).&$$'*+1.$1.&$1&.

(ate of (ecision# &&.$+.&$1+.

CBI Versus 1. (r. pender (ulesh son of late !armanand resident of

House no.1'$), Sanja Colon, Ballahgarh, aridaad,

Harana permanent resident of /ohalla /unna 0al Near

Shi /andir, 2asa /a3ana, /eerut 4!5.

&. Amit 2umar 6 Santosh 7amesh3ar 7aut son of

7amesh3ar 7aut resident of -18', 9ma: ;:ecutie

loors, Sushant 0o"-III, Sector illage !aturnandurar, (istrict A"ola,

/aharashtra.

+. Jeean 2umar 7aut son of 7amesh3ar 7aut resident of

;C-II, C-1$&, ;ssel ?o3er, =urgaon, permanent resident

of >illage !aturnadurar, (istrict A"ola, /ahrashtra.

@. (r. 2rishan 2umar Aggar3al son of Nemi Chand Jain,

resident of House No.%&, Suhash Nagar, N;B ?hana,Shiaji !ar", (istrict Al3ar, permanent resident of ?ijara,

!S ?ijara (istrict Al3ar 47ajasthan5.

ihar, (elhi.

8. /s. 0inda (*9 ?utachin resident of Nurses Hostel,

7oom No.@


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1$. /ohd. Shahid son of 0ate Adul /aid, resident of B-

&@II*Ne3 (elhi.

!resent# Shri 7.!. >erma, !ulic !rosecutor for the CBI.

Accused Jagdish and Jeean on ail 3ith Shri Ahishe" Sharma

Adocate and Shri /.S.7athi, 0egal Aid Counsel.

Accused Amit 2umar 6 Santosh 7.7aut, pender 2umar (ulesh,/anoj 2umar, 2rishan 2umar Aggar3al, =asudin, /ohd. Shahid in

custod represented Shri Amit (udeja Adocate, Shri /.S.7athi,

0egal Aid Counsel, Shri ?arun =upta Adocate, Shri Shi Charan

Chaudhar, Shri Ahishe" Sharma, Adocate.

Accused 0inda and Saraj 2umar 2oind on ail 3ith Shri Ahishe"

Sharma Adocate.

J(=/;N?#

Central Bureau of Inestigation 4hereinafter to e referred as Ethe

CBIF5 had filed the composite challan*complaint under Section && of

?ransplantation of Human 9rgans Act, 1))@ against accused (r. pender 2umar

(ulesh 4A-15G Amit 2umar alias Santosh 7amesh3ar 7aut 4A-&5, Jeean 2umar

7aut 4A-+5G (r. 2rishan 2umar Aggar3al4A-@5, /anoj 2umar 4A-


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&. Succinctl, dilating upon the facts leading to the prosecution of the

accused culminating into trial of the instant case are that on &@ thJanuar, &$$', the

/oradaad police raided the unauthoried and clandestine hospital of Amit 2umar

located at @+%@, Sector &+, !alam >ihar, =urgaon in connection 3ith the

inestigation of I7 No.@' dated &@.$1.&$$' of !S Ciil 0ines, /oradaad, !.

(uring the raid, three ictims 3hose "idnes 3ere ta"en out operating them in

recent past and certain others 3ere found ling there. ?he ictims 3ere in serious

condition and 3ere shifted to (istrict Hospital, =urgaon. 9n the 3ritten complaint

of 7aghuraj Singh, SI, !S !2ot3ali (istrict /oradaad 4!5, I7 No.&% dated

&ihar, =urgaon and inestigation 3as ta"en up. (uring inestigation, Sections

1&$-B, +&8,+@& and


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remoed 3ere arranged accused (r. pender 2umar (ulesh4A-15, Jagdish 4A-

'5, =asudin 4A-)5, ashpal Sharma 4Since died5 4A-1$5 and /ohd. Shahid 4A-

115 and others through a 3ell estalished net3or" of touts. >ictims 3ere "ept

guarded in the premises speciall hired for the purpose Jagdish 4A-'5 and

ashpal Sharma 4Since died5 4A-1$5. In furtherance of the said conspirac, the

accused got the pre-operation e:aminations of the ictims done in different

laoratories. After assessing the suitailit for transplantation, one "idne each of

the poor ictims 3as remoed fraudulentl in the illegal hospital estalished at

=urgaon and transplanted to need recipients after charging huge amount of

mone. hen the ictims protested against the remoal of their "idnes, the 3ere

threatened 3ith dire conseuences and pressuried to "eep mum. Accused Amit

2umar 6 Santosh 7.7aut 4A-&5 3ithout haing reuired ualification laid do3n in

the ?ransplantation of Human 9rgans 7ules, 1))< and eing a uac", along3ith

his accomplices 3as carring out "idne transplant operations in the aforesaid

illegal hospital 3ithout haing e:perts of releant fields of medicine and necessar

life saing facilities, as prescried in the ?ransplantation of Human 9rgans 7ules,

1))< "no3ing full 3ell that this act ma caused death of the ictims and

recipients. 9n completion of inestigation, the CBI filed composite

challan*complaint against accused Amit 2umar and others 4A1 to A)5 for trial for

commission of offences punishale under Sections 1&$-B read 3ith Sections

+@&,+&8,@1%,@8


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ipin Chaa, !@@ !.S.!anchpal, !@< 7andhir Singh, !-@8 7amesh 2apoor,

!@% 7ashmi, !-@' 7ainder Singh, !-@) Sha"il, !-i"ram 2alra, !-%@ (r. >.N.Sharma, !-%< (r.

S.S.Sang3an, !-%8 (r. 2ishore /oresh3ar !impal"ar, !-%% (r. >.2.Bansal,

!-%' (r. 2.S.7ao, !-%) Bau 7am, !-'$ (r. I.C.>erma, !-'1 7am Ni3as,

!-'& (r. 7ajesh Jain, !-'+ Anjala, !-'@ (r. Al"a Bashin, !-'< (r.

H.7./.?ripathi, !-'8 7ajesh Chauhan, !-'% C.0.0as"er, !-'' 7.2.Shah,

!-') 7ohit Singh, !-)$ Chandan Singh, !-)1 !areen /angla, !-)& 9m

>ati, !-)+ (r. Asho" 2umar, !-)@ /anoj Jain, !-)< !arth Sahu, !-)8

>inod 2umar, !-)% Amit 2umar, !-)' 2uldeep Singh, !-)) ash !al Singh,

!-1$$ (eender Singh 7athi, !-1$1 (eender Singh, !-1$& 7.0.ada,

!-1$+ 2rishna Sastr, !-1$@ 7.C.2arnata", !-1$< Aja 2umar Bassi, !-

1$8 2rishan ?uteja, !-1$% /ahesh C.>aida, !-1$' Balasuramon, !-1$)

Satinder Bist, !-11$ >inod 2ataria, !-111 7ajesh 0al, !-11& >ine /udgil,

!-11+ (aender Singh /aan, !-11@ 7ajinder Singh, !-11< !.2.=roer, !-


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118 S.C.Chauhan, !-11% /.7.Atre, !-11' 2.0./oses, !-11) 7ajudeen,

!-1&$ /.2.(har, !-1&1 Arun 9eroi, !-1&& Shahid, !-1&+ 7aghuraj

Singh, !-1&@ Anil Singh, !-1&< Jitesh 2umar and !-1&8 7aji (3iedi.

8. It is 3orth-3hile to mention here that the accused Amit, pender,

/anoj 2umar and 2rishan 2umar Aggar3al admitted some documents and 3ere

e:hiited as ;:.!'8*1, (-1@&,(-&


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'. Before coming to the rial contentions adanced 0d. Counsels for

the parties, it 3ould e adantageous to gie the rief s"etch of the eidence led

the CBI as 3ell as defence #-

4i5 PW-1 Dr. R.S.Dahiya stated that he 3as 3or"ing in !=I/S

7ohta" since 1)'+. He further stated that a letter 3as receied

in the (irector office in !=I/S, 7ohta", from Ciil Surgeon,

=urgaon. He further stated that on receipt of the letter regarding

"idne scam, the (irector, !=I/S, 7ohta" constituted a fie

memers committee, (r.7.2.2ar3asra, Head of Surger

(epartment. ?he committee 3as constituted to enuire aout

the "idne scam 3hich happened in =urgaon. He further stated

that he has seen the report gien the committee in 3hich all

the details of the isits and the conclusions hae een recorded.

?he report is ;:.!1*1 running into si: pages 3hich ears his

signature and signatures of the aoe-mentioned other memers

of the committee.

During Cross-examination,he stated that he had

not seen the documents 3hich hae een referred to in the

report ;:.!1*1 and he has seen onl the said report.

(ii) PW-2 Ashok Kumar arit stated that he is 3or"ing in

/edical Council of India as (eput Secretar from /arch,

&$$+ and still continuing the same post. He further stated that

the CBI had as"ed certain information from their office

regarding some record of the doctors 3hich 3as supplied

him to the CBI. He has rought the record 3ith him. He further


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stated that a A letter ;:.!&*1 dated &%.&.&$$' 3as

receied from Superintendent of !olice CBI*;9->II, Ne3

(elhi see"ing certain information aout eight doctors namel

(r. Santosh 7amesh3ar 7aut 6 Amit 2umar, (r. Jeean

2umar, (r. Saraj 2umar 2oind, (r. pender 2umar, (r.

2rishan 2umar Aggar3al, (r.N.2.Aggar3al, (r. Asho" 2umar

>erma and (r. B.!.John regarding their registration details

3ith /edical Council of India. He further stated that in repl to

the said letter, he sent repl ;:.!&*& 3hich ears his

signature on ehalf of /edical Council of India ide letter

dated $+.$+.&$$' enclosing there3ith the details regarding their

registration 3ith the /edical Council of India. He further stated

that he had proided further information ide letter ;:.!&*+

dated $@.$+.&$$' 3hich ears his signature. He further stated

that the information contained in repl ;:.!&*& and letter

;:.!&*+ 3as gien on the asis of record aailale 3ith the

/edical Council of India.

During !ross-examination,he admitted that in

letter ;:.!&*1, the fatherFs name, niersit and addresses of

the persons regarding 3hom the information had een sought

3ere not mentioned. He further stated that ide repl

;:.!&*&, the had sought details regarding the aoe-said

persons that is fatherFs name, niersit, addresses etc. He

further stated that he has sent Anne:ures I to I> ;:.!&*@ to

;:.!&*% along3ith letter ;:.!&*& dated $+.$+.&$$'. He


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further stated that enclosure ;:.!&*' 3as sent 3ith letter

;:.!&*+ dated $@.$+.&$$'. He further admitted that

information gien the /edical Council of India in respect of

(r. Amit 2umar referred to in the letter ;:.!&*1 of

Superintendent of !olice, CBI*;9->II*Ne3 (elhi at serial

No.1 3as incomplete and inconclusie as full particulars

regarding the fatherFs name, niersit and addresses 3ere not

proided. He further stated that the CBI did not furnish the

details regarding fatherFs name, niersit, addresses etc. as

demanded their office through letter ;:.!&*& dated

$+.$+.&$$'. He further stated that as per Anne:ure ;:.!&*',

(ulish pendra 2umar son of !arma Nand (ulish 3as

registered at serial No.&+


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under3ent dialsis procedure in /A Hospital, !itampura. He

further stated that generall t3o dialsis procedures 3ere done

eer 3ee". hen he 3as returned after dialsis, one person

met her in the /A hospital, !ritampur and as"ed her as to

3hether she 3anted to get "idne transplantation done. She

further stated that her mother used to accompan her in the /a:

Hospital. She further stated that the gae her the drip and too"

her to the same da i.e. 1'th Januar, &$$8 and "idne

transplantation 3as done on that da. Accused (r. Amit 2umar

3as present in the operation theater. She further stated that at

the time of operation, she 3as unconscious under the

anesthesia. She further stated that the amount of 7s.8.$$ lacs

3as paid to3ards the e:penses her father. She further stated

that accused Amit 2umar told her that "idne plantation 3as

legal in Harana as there 3as no la3 applicale in Harana in

this regard. She further stated she can identif accused Amit

2umar, pender and /s. 0inda, 3ho are present in the court.

She further stated that she remained in contact 3ith accused

Amit 2umar een after "idne transplantation for medicines

and injections.

During !ross-examination, she stated that she has

not rought her medical record sho3ing that she 3as suffering

from Nephrotic Sndrome. She further stated that the 3itness

has procured the photostat copies of the record 3hich 3ere

ordered to e "ept on the file. She did not rememer no3 in


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3hich ear she 3as in I th class. She further stated that she

had sumitted the record including receipts regarding her

dialsis procedure done t3ice a 3ee" in /A Hospital. She

further stated that she is IIth passed. She, ho3eer, denied the

suggestions.

4i5 PW-& 'eera Kumar #arg stated that he has three children,

t3o daughters 7ama =arg, Chhai =arg and one son /ohit

=arg. His 3ife Anjali =arg is a house-3ife. hen 7ama =arg

3as in Ith class, she had s3elling on her legs and the doctors

diagnosed the prolem as Nephrotic Sndrome. He further

stated that in the ear &$$ihar, =urgaon if she 3anted to undergo "idne

transplantation. ?hat person gae one moile phone numer

and he tal"ed to accused (r. Amit 2umar. Accused (r. Amit

2umar as"ed him to ring the patient and reports. ?he 3ent to

!alam >ihar, =urgaon ut he did not rememer the numer of

the uilding. ?he met accused (r. Amit 2umar and sho3ed

him the reports. (r. Amit 2umar adised for "idne

transplantation and he demanded amount of 7s.'.$$ lacs ut he

refused, on 3hich the amount 3as settled at 7s.8.$$ lacs. He

further stated that after matching of samples on 18th Januar,

&$$8, he receied a telephone call from accused Amit 2umar,


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3ho adised aout the medicines to e ta"en and as"ed them to

come on 1'th Januar, &$$8. 9n 1'th Januar, &$$8, in the

morning, he, his 3ife and his daughter 7ama =arg 3ent to

!alam >ihar, =urgaon. ?here 7ama =arg 3as ta"en to the first

floor and the remained sitting in the asement. His daughter

7ama =arg remained admitted for aout eleen-t3ele das.

9n 1'thJanuar, &$$8, 7ama =arg 3as gien a drip and ta"en

to the operation theatre and operation 3as done on that er

da. Accused Amit 2umar 3as to perform the operation ut

the 3ere not allo3ed to go into the operation theatre and

therefore, he cannot sa 3ho actuall performed the operation.

He paid the amount of 7s.8.$$ lacs to accused (r. Amit 2umar

at his residence efore the operation. ?he "ne3 (r. Amit

2umar, (r. pender 2umar and he cannot sa 3ho else

assisted accused Amit 2umar in the operation. He further stated

that after "idne transplantation, the remained in contact 3ith

accused Amit 2umar regarding the medicines to e ta"en

7ama =arg. He has seen accused Amit 2umar and pender

2umar, 3ho are present in the court.

During !ross-examination, he stated that the

alleged transaction of pament of 7s.8.$$ lacs to accused Amit

2umar him did not ta"e place in the presence of accused

pender 2umar. He had seen on teleision the reports

regarding arrest of accused persons in the alleged "idne scam.

He, ho3eer, denied the suggestions.


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1II-Ne3 (elhi ut no such reference is

there in letter ;:.!1@*+. He denied the suggestion that false

report hae een sumitted them as per the directions of the

CBI officers as per their suitailit in the case. He, ho3eer,

denied the suggestion

4:5 PW-1 5oginer Singh stated that he is 3or"ing as ront

9ffice (ata ;ntr 9perator in ocus Imaging K 7esearch

Centre C-1$ =reen !ar" ;:tension, Ne3 (elhi and (r. !rashant

Sarin is its (irector. He further stated that patients under

prescriptions from Shri 7am Hospital used to come for tests.

?he prescription 3ere of (r. pender 2umar. He further stated

that in their centre, /7I, C.?.Scan, ltra-sound, -ra, ;cho-

cardiograph 3ere conducted. ?he patients used to ma"e

pament for the tests.

4:i5 PW-1 Rakesh Dahiya, Drugs Contro* 6%%i!er, Pani7at

stated that he is notified Inspector under Section &1 of (rugs K

Cosmetics Act. In the ear &$$', he 3as posted as (istrict

(rugs Inspector at =urgaon. 9n dated &%.$1.&$$', Ciil

Surgeon (r. S.S.(alal called him in his office and gae a

3ritten order ;:.!18*1 3hich 3as signed (r. S.S.(alal to


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(r. 2.S.7ao, (r. =ulshan Arora, (r. Satpal Bhanot and him to

chec" the premises related to (r. Amit 2umar i.e. @+%@, Sector-

&+, =urgaon regarding illegall "ept ultra-sound machine. ?he

team also prepared a spot memo regarding the sealing of the

aoesaid ultra-sound machine ;:.!18*&, 3hich ears his

signature along3ith all the team memers. He stated that he

prepared a list of 1% tpes of drugs on form-18 ;:.!18*+,

3hich also ears his signature as 3ell as signature of other

memers namel Shri 7.2.Singla, (r. =ulshan Arora and

pulic 3itnesses Shri Sandeep and !unit. 9n &'.$1.&$$', he

produced aoesaid seied drugs in the court of Chief Judicial

/agistrate, =urgaon for their custod orders ide application

;:.!18*@ and custod order is ;:.!18*


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3ithout in the "no3ledge of Health authorities. He further

stated that all the circumstances and material recoered

reealed that there 3as a proision of transplantation of human

"idnes.

During !ross-examination,he stated that as

per ;:.!18*1, there 3as no specific orders regarding search,

inspection and seiure of house No.@+%@, Sector &+, =urgaon.

He further stated that no call detail 3as demanded the CBI

regarding conersation et3een him and Ciil Surgeon. No

paper 3or" 3as done 3ith the police official 3ho 3as present

efore entering into the uilding. He denied the suggestion that

he neer isited the spot nor recoered anthing from the

uildings. He denied the suggestion that the uilding in

uestion used for hospital 3as a residential uilding. He denied

the suggestion that all the documents 3ere prepared the CBI

in the office and got his signatures there. He denied the

suggestion that he is deposing falsel at the ehest of the CBI.

4:ii5 PW-1 Suriner Pa* Singh stated that he is 3or"ing as A=/

4Commercial5 3ith the Airtel. He had purchased flat No.&$@,

Second loor, >alle >ie3 ;state, =urgaon aridaad road,

=urgaon for 7s.&&.< lacs from Ansals in the ear &$$8. He had

rented out this flat through Anil Bajpai to ash !al Sharma

4Since died5 in 9ctoer, &$$8 at the rent of 7s.


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!al Sharma and /r. Bajpai. ?he rent deed 3as for 11 months

and it 3as rene3ed on &1.$).&$$% for another 11 months on

same terms and conditions. He has seen the original rent deed

;:.!1%*1 dated &1.).&$$%, 3hich ears his signature as 3ell

as that of ash !al Sharma and Anil Bajpai. 9n @.&.&$$', he

had got a call from /r. =ogan, Securit 9fficer of the Societ

informing him that four laourers 3ere residing in his flat, 3ho

had undergone "idne transplant operation and the 3ere

demanding the fare. He tried to contact ash !al Sharma.

Ho3eer, he could not e contacted. He contacted /r.Bajpai to

isit the flat, 3ho after isiting the flat informed him the four

laourers present at the flat 3ere demanding fare. 9n %.&.&$$',

police officials isited his house at Chandigarh. He further

stated that on '.&.&$$', he made the statement efore the

police. In /arch, &$$', CBI officers had recorded his

statement. He had produced mar" !1%*A and ;:.!1%*1

efore CBI 9fficers.

During !ross-examination, he admitted that stamp

papers of ;:.!1%*1 are dated1'.).&$$8. He denied the

suggestion that the lease deed is forged and faricated and has

een prepared at the instance of the CBI. He also denied the

suggestion that he had not rented out the flat to .!.Sharma. He

further stated that he had isited CBI office and he had not

handed oer an document regarding his o3nership to CBI. He

has also not rought an such document on that da.


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4:iii5 PW-10 8u!ky #arg stated that she is !hd. in histor. She 3as

married 3ith 7aji =arg on 1%.@.&$$@. She is haing a fie

ears old son. She 3as suffering from high lood-pressure and

due to high lood-pressure, oth of her "idnes 3ere damaged.

She has to ta"e regular dialsis from /eerut. ?he doctor

adised her to get "idne transplant as her condition 3as

ecoming 3orse. She could not get "idne from her relaties.

She had no parental relaties. No one told her regarding

transplantation of "idne from an3here against pament.

(uring her isit to hospital at /eerut, other parents told her that

there 3as a doctor in =urgaon, 3ho transplant the "idne. ?he

person gae a moile numer to her husand. As such that

time, her condition 3as getting deteriorated, then her husand

contacted 3ith the doctor at =urgaon for transplantation of

"idne. ?hereafter, the 3ent (elhi and thereafter, her husand

contacted the person. She ecame unconscious and thereafter

3hat happened, she cannot tell. No doctor met her and her

husand at (elhi and aridaad. Her husand rought her for

dialsis to (elhi. It 3as not in her "no3ledge that she has een

ta"en for "idne transplantation. hen she regained

consciousness, she found herself in Shri =anga 7am Hospital,

(elhi. 9n the reuest of learned !ulic !rosecutor, this 3itness

3as also declared hostile and learned !ulic !rosecutor 3as

allo3ed to cross e:amine this 3itness. (uring cross

e:amination, contents of statement ;:.!1'*A 3ere put to her


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3ord 3ord ut she refused to o3n the contents of the

statement and stated that she neer made such statement to the

police. She 3as also confronted 3ith portions A to A, B to B, C

to C and ( to ( of her statement ;:.!1'*A, ut she denied

haing made such statement to the police. (espite length cross

e:amination, learned !ulic !rosecutor has failed to e:tract

anthing incriminating against the accused from the mouth of

this 3itness. She, ho3eer, denied the suggestions.

4:i:5 PW-1 Rai+ #arg stated that he did /Sc in /ath and he 3as

married 3ith 0uc" =arg on 1%.$@.&$$@. He also corroorated

the stand of !-1' 0uc" =arg his 3ife and toed the line of

!-1' 0uc" =arg.


condition of his 3ife 3as not improed at the time of recording

her statement also. He admitted that 3hateer scried the

CBI or the police officials, he signed the same. ?he contents of

the statement 3ere not read oer and e:plained to him. (uring

cross-e:amination !! for the CBI, he admitted that the CBI

officials did not isit in Shri =anga 7am Hospital. He 3as full

conscious 3hen he signed the statement ;:.!1'*A. He

further stated that the statement 3as not read oer to him. He

did not ma"e an complaint to an authorit regarding his

signatures otained on the statement 3ithout disclosing the

contents. He further admitted that all the contents recorded in


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the statement regarding treatment 3ere told him to the

police.

4::5 PW-2 'a+ee7 Singh stated that his father 3as suffering

from "idne prolem since the ear &$$8 and he 3as on

dialsis for the last t3o ears. ?he had tried for transplantation

of his "idne of Shri =anga 7am Hospital, Ne3 (elhi ut since

there 3as a hereditar prolem, so transplantation 3as not

possile. He further stated there 3as one "no3n (entist, 3ho

adised them that there is one doctor namel (r. Amit, 3ho

could do "idne transplantation legall after arranging donor

himself and this "idne transplantation 3as alid in Harana.

He too" him to (0, =urgaon in the house of accused (r. Amit

2umar. (r. Amit after going through the medical papers of his

father assured that their jo 3ill e done. He demanded a sum

of 7s.1


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in the IC. He too" his father to 7oc"land Hospital and

admitted him there. After 1


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Ne3 (elhi for treatment. He further stated that he had also used

to go (r. 7am /anohar Hospital, (elhi for follo3 up treatment.

After follo3 up treatment, no prolem persisted and he used to

ta"e medicines. He 3as adised for "idne transplantation. His

rother-in-la3 accused Saraj 2umar 2oind 3as 3or"ing as

(octor in (r. 7am /anohar 0ohia Hospital. He further stated

no one told him that there 3as some doctor, 3ho transplants

"idnes. He had no telephone numer of an person, 3ho

adised him for "idne transplantation. 9n the reuest of

learned !ulic !rosecutor, this 3itness 3as also declared hostile

and learned !ulic !rosecutor 3as allo3ed to cross e:amine

this 3itness. (uring cross e:amination, contents of statement

;:.!&1*A 3ere put to him 3ord 3ord ut he refused to

o3n the contents of the statement and stated that he neer made

such statement to the police. He 3as also confronted 3ith

portions A to A, B to B, C to C, ( to (, ; to ; and to of his

statement ;:.!&1*A, ut he denied haing made such

statement to the police. (espite length cross e:amination,

learned !ulic !rosecutor has failed to e:tract anthing

incriminating against the accused from the mouth of this

3itness. He, ho3eer, denied the suggestions.

4::ii5 PW-22 Dr. 3amta Ko+in stated that she passed /BBS from

2anpur niersit in the ear 1))'. She is doing priate

practice. She 3as married to accused Saraj 2umar in the ear

1))). He also passed /BBS from 2anpur niersit. He


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+ihar to conduct the /07 of Sha"eel, Nasim

and Salim 2han. She e:amined all the three. 9n

e:amination of Sha"eel, she found that she had incision on

left lumer region, dressed, 1$ stitches in numer. Injuries

3ere 3ithin four das, "ept under oseration, adised ultra-

sound and -ra on 3hole adomen including "idne, ureter

and ladder 42B5 and he adised surgeonFs opinion. She

further stated that patient had alleged histor of

nephrectom on &+.1.&$$' 4surgical remoal of "idne5 at

un"no3n place. She had issued /07 ;:.!&


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signature of Sha"eel on ;:.!&


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him and she confirmed nephrectom i.e. remoal of one

"idne of each patient.

During !ross-examination, she admitted that in

all the /0Cs, she had not mentioned the dimension of the

incision mar" as she 3as not carring an scale. She

admitted that she cannot tell the dimension of the incision

mar" osered her on the patientFs od. She, ho3eer,

denied the suggestions.

4::i5 PW-2 Sa*im stated that he is illiterate. He had een

summoned in a case pertaining to "idne. He 3as

unconscious and did not "no3 3hat happened 3ith him.

hen he regained consciousness, he found that his adomen

had een andaged. He did not ma"e an inuir from an

one aout the andage. hen he had regained

consciousness, he found himself in the =ot. hospital. He

did not "no3 the place 3here that =ot. Hospital 3as

situated. He 3as discharged from the hospital after @-< das

inspite of the fact that he 3as not 3ell. It too" him more

than si: months to recoer slightl. He did not "no3 from

3here he 3as oarded us after discharge from the hospital

as his mother had ta"en him. His mother had come to "no3

aout the incident from ?C. He cannot tell the time ta"en in

the journe from the hospital to his home as he 3as not in

proper condition. He cannot sa 3hether it had ta"en one

hour or ten hours in journe. He had a scuffle at Bagpath


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@+

Bus Stand in /eerut and he along3ith seeral others 3ere

pic"ed up the police and thereafter, he found himself in

the hospital. He did not "no3 3hether his "idne 3as

remoed or not. He 3as not interrogated in this regard eer.

His statement 3as not recorded the CBI at an point of

time. He had made a statement efore a Judge at =urgaon as

he 3as ta"en the police officials in the court and 3as

threatened to ma"e a statement as per their directions and

3ill. His that statement 3as not oluntar. 9n the reuest of

learned !ulic !rosecutor, this 3itness 3as also declared

hostile and learned !ulic !rosecutor 3as allo3ed to cross

e:amine this 3itness. (uring cross e:amination, contents of

statement ;:.!&8*1 3ere put to him 3ord 3ord ut he

refused to o3n the contents of the statement and stated that

he neer made such statement to the police. He 3as also

confronted 3ith portion A to A1, B to B1, C to C1, ( to (1,

; to ;1, = to =1, H to H1, I to I1, J to J1 of his statement

;:.!&8*1, ut he denied haing made such statement to

the police. (espite length cross e:amination, learned

!ulic !rosecutor has failed to e:tract anthing

incriminating against the accused from the mouth of this

3itness. He has seen his statement ;:.!&8*& recorded

the /agistrate on +1.$1.&$$' at =urgaon. He admitted that

the /agistrate had recorded his statement correctl as stated

him. He identified his photos 3hich 3ere ta"en in the


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@@

=ot. hospital and the same are ;:.!&8*+ to ;:.!&8*8.

He admitted that all the four photographs 3ere depicting the

stitch mar"s and andages on his adomen. He admitted that

he is not feeling 3ell. He further admitted that he ma e not

feeling 3ell due to remoal of his "idne. He further stated

that he had neer isited or remained admitted in an

hospital or an "othi in =urgaon. He, ho3eer, denied the

suggestions.

4::ii5 PW-2 Da*i7 stated that originall he elong to illage

Badli ?andla district 7ampur, 4!5. He had changed his

name after a pulication in the ne3spaper. Aout @-< ears

ac", 3hen he 3as sleeping at 2oria Bridge near ISB?, &-+

policemen along3ith +-@ other officials in the plain clothes

3ere pic"ing up some persons, 3ho 3ere sleeping and gae

them danda lo3s. ?he had pic"ed up @-< persons. ?he

had chec"ed the adomens of seeral persons and

3hosoeer 3as haing some mar" of surger on adomen

3as ta"en them and rest 3ere let off. He 3as also ta"en

along them as he 3as also haing surger mar"s on his

adomen. He 3as haing the prolem of stone in his "idne

as he 3as in the hait of ta"ing liuor freuentl and he had

undergone an operation for remoal of the stone 1


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@ to >1, to 1, to

1 and to 1 of his statement ;:.!&'*@, ut he denied

haing made such statement to the police. (espite length

cross e:amination, learned !ulic !rosecutor has failed to

e:tract anthing incriminating against the accused from the

mouth of this 3itness. He has also seen his statement mar"

!&'*A 3hich is ;:.!&'*A1. He 3as also confronted

3ith portion A to A1, B to B1, C to C1, ( to (1, ; to ;1, =

to =1, H to H1, I to I1,J to J1 of his statement mar"

!&'*A, ut he denied haing made such statement to the

police. (espite length cross e:amination, learned !ulic

!rosecutor has failed to e:tract anthing incriminating


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@'

against the accused from the mouth of this 3itness. He,

ho3eer, denied the suggestions.

4::i:5 PW-2 Sanay /harga+ stated that he is 3or"ing as

Chartered Accountant at (elhi. He got himself chec"-up in

(elhi and he 3as told that oth of his "idnes are not

3or"ing properl. He also got treatment ut he 3as adised

that either there 3ill dialsis or transplantation of "idne is

the onl solution. ?here 3as no proper donor in his famil.

hen he 3ent for dialsis, one /r. =arg met him, 3ho gae

the reference of accused (r. Amit. /r. =arg too" him to

=urgaon. He told him that his daughter had got

transplantation from accused (r. Amit. He met (r. Amit. He

told him that the transplantation of "idne 3as possile in

Harana. He agreed to his proposal. He called him on &)th

June, &$$%. He did not meet him et3een the interening

period. He did not rememer 3hether his signatures 3ere

otained the doctor on an paper or not. He further stated

that no lood sample 3as ta"en from him for an test. (ue

to injection, he ecame unconscious. He further stated that

after operation, he 3as ta"en to IC. He did not rememer

eing he 3as semi conscious. He remained three das in the

IC. ?hereafter, he 3as discharged from the hospital. He

identified onl (r. Amit. ?hereafter, he 3as discharged from

the hospital. He 3as prescried medicines after his


49/199

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operation. He paid 7s.1& lacs in cash on the da of his

operation.

During !ross-examination, he admitted that

accused Amit 3as sho3n to him in the CBI office first time

and identified him in the court. He, ho3eer, denied the

suggestions.

4:::5 PW-" 3ayank 3ahesh$ari stated that he is a cloth

merchant. His elder sister 7uchi Bala /ahesh3ari 3as

suffering from "idne failure. She regular had pain on her

ac" after delier. ?he dialsis of his sister remained

continued in Apollo Hospital. He identified accused /anoj

and Amit. He got discharged his sister on his ris" and she

3as shifted him in 7am /urti Hospital at Barell. At

Barell also, doctor adised to remoe the transplanted

"idne. hen he 3as in Barell, he receied a telephone call

from CBI officer. He identified onl (r. Amit and /anoj.

?hereafter, his sister e:pired.


statement 3hich 3as sho3n to him the CBI officials outside

the court efore ma"ing statement efore the court the same

does not ear signature of him as 3ell as signature of CBI

official 3ho had 3ritten this statement. He, ho3eer, denied the

suggestions.

4:::i5PW-"1 9ikas Aggar$a* stated that his mother-in-la3

/adhuli"a =upta 3as suffering from "idne failure. She had


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ihar, =urgaon.

He has seen the ed head tic"et No.Cr-1&1@ of Naseem, the

same is ;:.!++*1. His opinion in the file is ;:.!++*& dated

&


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8$

No.@+%@ is ;:.!+'*8. ?he true cop of the said seiure memo

is ;:.!+'*%. He further stated that as per the record of the

H(A, Ameet 2umar is the o3ner of the house No.@+%@,

Sector-&+, =urgaon.

During !ross-examination, he admitted that 3hen

permission to mortgage 3as sought from the office of H(A, it

is onl for the purpose of otaining loan from the an". He

admitted that there is no complaint regarding an commercial

actiities in the said house No.@+%@, Sector &+, =urgaon efore

&).1.&$$' and


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81

405 PW-& Amu*ya Prasa stated that the plot 3as originall

allotted to Shri (hirender Singh (utta ide their allotment letter

dated &1.


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8&

7s.&$ lacs 3as paid ide (( No.1%%%&8 dated 1ihar, !hase-I, (elhi. He further


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8+

stated that this compan used to proide serice of entilators

multi-parameter monitors, sringe pump etc. In Januar, he had

gone to lat No.@+%@, !alam >ihar, =urgaon on the directions

of the compan for repairing of entilator model Sero +$$,

ho3eer, he could not repair the said entilator as it 3as

eond his capailit.

During !ross-examination, he admitted that a jo

card is prepared for an serice or complaint made in the

compan. He further admitted that in that jo card, signatures of

the customer is also otained as 3ell as the person to 3hom the

said complaint has een for3arded for compliance put his

signature.

40III5PW-&" 9i7in Cha4a stated that he is partner of /*S A>/

Surgicare Inc. 1


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8@

along3ith summar of inoices ;:.!@+*) to Inspector, CBI,

Ne3 (elhi, 3ho seied the same ide seiure memo

;:.!@+*1$, 3hich ears his signature. He further stated that

he still hae to receie alance pament of 7s.1,&),8&'*- from

0iert Health Care as the cheue mar" !@+*A could not e

encashed as the account of /*S 0iert Health Care had een

seied in connection 3ith a criminal case.

During !ross-examination, he admitted that prior

to &$$', there 3as no transaction 3ith Jeean 2umar. He

admitted that no document 3as signed as 3ell as stamped

their office or him prior to handing oer the same to the CBI.

He further admitted that the originals of these inoices are in

his custod and the same has not een rought him. He

further admitted that no plot numers hae een mentioned in

the inoices. He admitted that the inoices in uestion are

computer generated documents. He admitted that the retail

inoices ;:.!@+*1 to ;:.!@+*) does not ear receiing of

an part. He, ho3eer, denied the suggestions.

40I>5 PW-&& P.S.Pan!h7a*, 3otor 8i!en!ing 6%%i!er, West


65/199

85 PW-& Ranhir singh stated that he is one of the (irectors of

/*S ?7I?9N /edical Serices !t. 0td. %*&$& 4IInd loor5,

Ne3 (elhi. He further stated that this compan 3as estalished

in the ear 1))$ and deals in sale and serices of medical

euipments mainl dialsis euipment and accessories of

arious rands. He further stated that the had sold the said

machine to man hospitals including 0iert Health Care ''%@,

Sector &+, !alam >ihar =urgaon. He further stated that the sale

inoices are ;:.!@


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8%

approached him for the purpose of purchase of euipments of

dialsis normall. He, ho3eer, denied the suggestions.

40>I5 PW-& Ramesh Ka7oor stated that he is one of the partners of

/*S 9/A ;ngineering or"s,


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8'

;:.!@8*%, one 9*? light moile 3as sold to /*S 0iert

Health Care plot No.@%)+, Sector &+, =urgaon. He identified

his signatures on ;:.!@8*& to ;:.!@8*% as the same hae

een issued him. He further stated that the paments 3ere

made accused Amit cash as 3ell as cheue. He rightl

identified accused Amit.

During !ross-examination, he admitted that in

that statement, all the orders regarding 3hich all the inoices,

3hich hae een sho3n to him in the court, orders for such

purchase of goods 3ere made onl through telephone. He

admitted that all the orders 3ere placed through telephone. He

further admitted that as per retail inoices sho3n to him in the

court, pament 3as supposed to e receied from the part

either through cheue*an" draft or account paee cheue onl

as mentioned in retail inoices. He further admitted that this

condition does not find mention in these retail inoices.

40>II5 PW-& Rashmi aughter o% Shri Ra+iner Singh stated that

he has done /.!hil in ;nglish. He 3as suffering from S0; due

to 3hich his "idne 3as damaged. He 3as ta"ing treatment in

AII/S, Ne3 (elhi from (r. Aggar3al, Nephrologist. (r.

Aggar3al adised him that ultimate treatment is "idne

transplantation and it is etter that the same e done

immediatel efore dialsis. He further stated that (r. !ardeep

2umar 3as loo"ing after his dialsis. (uring that period, he

had reduced his 3eight from @$ "gs. to &8 2gs. and 3as under


69/199

8)

depression. His father too" him for "idne transplantation

some3here in (elhi. He cannot identif the doctor, 3ho

conducted his "idne transplantation. He did not meet an

doctor, 3ho conducted his "idne transplantation. In IC, some

nurses 3ere present ut he could not identif anone. 9n the

reuest of learned !ulic !rosecutor, this 3itness 3as also

declared hostile and learned !ulic !rosecutor 3as allo3ed to

cross e:amine this 3itness. (uring cross e:amination, the

contents of statement mar" !@%*A 3ere put to her 3ord

3ord ut she refused to o3n the contents of the statement and

stated that she neer made such statement to the CBI. She 3as

also confronted 3ith portion A to A, B to B, C to C, ( to ( and

; to ; of his statement mar" !@%*A, ut she denied haing

made such statement to the CBI.

(>89===) PW-&0 Ra+iner Singh ?omar state that his daughter

7ashmi ?omar 3as suffering from "idne prolem. She 3as on

dialsis in Jas3ant 7ai Hospital due to her deteriorate

condition. 9ne ard o in Jas3ant 7ai Hospital told him that

one 7ajesh had got "idne transplanted from (elhi. He

contacted him in the hospital. He and his daughter accompanied

him in his car. He 3ent to /ehrauli, (elhi. He did not "no3

an doctor namel pender. 7ajesh told him that the total

e:penses for "idne transplantation is aout 7s.&,$$,$$$*-. 9n

the reuest of learned !ulic !rosecutor, this 3itness 3as also

declared hostile and learned !ulic !rosecutor 3as allo3ed to


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%$

cross e:amine this 3itness. (uring cross e:amination, the

contents of statement mar" !@'*A 3ere put to him 3ord

3ord ut he refused to o3n the contents of the statement and

stated that he neer made such statement to the CBI. He 3as

also confronted 3ith portion A to A of his statement mar"

!@'*A, ut he denied haing made such statement to the CBI.

(>8=>) PW-& Shaki* stated that he has seen his statement ;:.!1*1

recorded the /agistrate, 3hich ears his signature. He stated

that he 3as ta"en to Ciil Hospital for treatment at the Ciil

Hospital 3here !ress and !olice people 3ere present. His

photographs are mar" !@)*A to !@)*(. He identified his

3riting and signature, 3hich is ;:.!@)*& on ed head tic"et

mar" !@)*;. He further stated that on that da, he "ne3 that

his "idne 3as remoed (r. Amit as it has appeared on the

paper and on ?>. He had seen (r. Amit on the teleision for the

first time. He further stated that the man, 3ho administered him

injection is not present in the court. He did not see (r. Amit in

the hospital 3herein his "idne 3as remoed. 9n the reuest of

learned !ulic !rosecutor, this 3itness 3as also declared hostile

and learned !ulic !rosecutor 3as allo3ed to cross e:amine

this 3itness. (uring cross e:amination, the contents of

statement mar" !@)* 3ere put to him 3ord 3ord ut he

refused to o3n the contents of the statement and stated that he

neer made such statement to the CBI. He 3as also confronted

3ith portion A to A1 and B to B1of his statement mar" !@)*,


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%1

ut he denied haing made such statement to the CBI. He,

ho3eer, denied the suggestions.

(8) PW- Smt. Surner Ka7oor stated that she did B.Sc and

diploma in /edical 0a ?echnolog. In the ear &$$%, she 3as

3or"ing as 0a ?echnician in Batra Hospital, Ne3 (elhi. ?his

la is specialied in tissue tping test and (r. /.C.>aida is the

Head of the 0a and this la is controlled Batra Hospital. (r.

/.C.>aida is the Honourar Consultant. He used to receie

lood samples of the recipients and donors along3ith the H0A

form. heneer, he used to receie the H0A form along3ith

samples, he used to get an endorsement signed from the person,

3ho rings the sample and get his signature in his presence.

H0A forms are ;:.!


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%&

;:.!


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%+

further stated that in H0A form ;:.!


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%@

that his life choice is onl 1$ and he adised him to undergo

ne3 "idne transplantation. He told him that total e:penses for

the "idne transplantation 3ill e 7s.%.< lacs and (r. Amit told

him that he 3ill do eerthing. He told him that he do not hae

that much amount and to reduce the amount. ?hen, he agreed

for 7s.@.< lacs. He also agreed for that amount. Ne:t morning,

(r. Amit called for dialsis. He further stated that operation 3as

conducted in the second house 3here he 3as e:amined (r.

Amit. He did not "no3 the e:act name of the place or localit

3here he 3as operated. ?he operation too" aout three hours.

He 3as there in the hospital for aout @-< das under the

superision of (r. Amit. He further stated that he 3as

discharged after fie das from the hospital. (r. Amit did not

demand an mone from him. He met one more person, 3ho

had supposed to hae operated for "idne transplantation. He

cannot identif accused Amit in the court. He further stated that

he handed oer the preious treatment record of his "idne

transplantation to the CBI ide seiure memo ;:.!


75/199

%) Dr. 9anana 8a*, stated that she did /BBS and /( in

!atholog. She is the ;:ecutie (irector of 0al !ath 0a

haing office of ;s"a House, Ne3 (elhi. She further stated

that the are haing 1$$ las and oer &


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'&

the letter ;:.!


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'+

;:.!8$*1, 3ho 3ere referred to him and this letter ears

his signature. ?he detail is :x.PW2 to :x.PW&&

3hich ears his signature and initials. He further stated that

these tests are general tests and are not conducted specificall

for "idne transplantation ut can e roadl used to

determine pre-operatie status and fitness for surger of an

ailment.

During !ross-examination, he admitted that the

name of the doctors as mentioned in ;:.!8$*& to

;:.!8$*@@ haing different spellings of names ma e of

different persons.

(8>=) PW-1 Data Ram has stated that he is 3or"ing as Senior

?echnical Assistant in the office of 7egistrar of Compan

(elhi. He did not rememer aout the letter of CBI receied

in their office. Ho3eer, the same 3as handed oer their

official namel 7.2.Shah Assistant 7egistrar of Companies,

NC? of (elhi and Harana to the CBI. He had 3or"ed 3ith

Shri 7.2.Shah and is conersant 3ith his signature. ?he

documents are ;:.!81*1 to ;:.!81*+'. ?he detail and

information 3hich are reuired has een gien in ;:.!81*1

to ;:.!81*+'. He further stated that the certificate of

incorporation ;:.!81*& is of 0iert Health Care !t. 0td.

and ;:.!81*+ is memorandum of registration and

;:.!81*@ is article of registration of hospital and the


84/199

'@

remaining documents are relating to the reuirements of

incorporation.


their department neer erifies 3hether the firm is in

e:istence or not.

(8>==) PW-2 Dee7ak Puri has stated that their compan namel

N.2.Jain Instrument !t. 0td. haing trade mar" 0aomed

manufacture different "inds of microscope. He is 3or"ing as

Salesman in this compan. He further stated that aout fie

ears ac", t3o persons 3ho 3ere carring a isiting card in

the name of Jeean 2umar came to their factor for

purchasing microscope and the as"ed for purchasing a

/icroscope and the gae them catalogs of all the products

and the selected one Inerted /icroscope, the cost of 3hich

3as 7s.1,1%,&


85/199

'===) PW-" Dr. /.P.5ohny has stated that he is /BBS, (/7(

and /(. He 3as running a clinic at 2aparshera. He further

stated that in et3een the ear 1))=9) PW-& A4rar Khan stated that he is 3or"ing as (ialsis

technician since 1))' at /odi Hospital Sa"et, Ne3 (elhi. He


86/199

'8

further stated that in the ear &$$&, he had met Jeean in

general as friend. (r. Jeean told that he 3as running a hospital

for dialsis. He has also gien him his moile numer 3hich he

did not rememer. As a friend, he used to tal" to him on his

moile numer freuentl in general. 9nce or t3ice, the had

the reuirement of technician for dialsis, then the had

contacted him ut he is regular emploee of =/ /odi

Hospital, Ne3 (elhi. He had conducted ' to 1$ dialsis in the

ear &$$+, 3hen he 3as called accused Jeean at dialsis

Centre, Sector-&+, =urgaon. He further stated that there 3ere

t3o dialsis machines in the dialsis centre. ;erthing 3as

aailale 3hich 3as reuired for dialsis for a patient in the

dialsis centre. He did not "no3 3ho is the /anager of that

dialsis Centre. No lood sample 3as eer ta"en in his

presence. ?here used to e no doctor. 9n the reuest of learned

!ulic !rosecutor, this 3itness 3as also declared hostile and

learned !ulic !rosecutor 3as allo3ed to cross e:amine this

3itness. (uring cross e:amination !!, the contents of

statement ;:.!8@*A 3ere put to him 3ord 3ord ut he

refused to o3n the contents of the statement and stated that he

neer made such statement to the CBI. He 3as also confronted

3ith portion A to A, B to B, C to C, ( to ( and ; to ; of his

statement ;:.!8@*A, ut he denied haing made such

statement to the CBI.


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'%

(8>9)PW- /harat /hushan stated that he is 3or"ing as

Administratie officer in (r. 7am /anohar 0ohia Hospital,

Ne3 (elhi since 1st9ctoer, &$1$. He 3as neer associated in

the inestigation of the CBI in this case. He further stated that

the CBI had not ta"en in possession an record from him ut

the same 3as ta"en in possession from his predecessor Shri

Anil 2umar. He had 3or"ed 3ith Shri Anil 2umar, ;:. (eput

(irector Administration and he is conersant 3ith his signature.

He further stated that the memo regarding details of leae*dut

of /s. 0inda Chinneihoih Staff Nurse is ;:.!8


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''

on %.1.&$$', 3hich 3as allo3ed upto &&.$1.&$$' as per record.

It 3as not in his "no3ledge as to 3hether father of /s. 0inda

had e:pired on %.1.&$$' and for that reason, she had applied

leae and for that reason, she had gone to her natie place at

/anipur 4;ast State5.

(8>9=)PW- Par+een Kumar 3itta* stated that he is 3or"ing as

Account Assistant at Sadha3na Hospital, Ballahgarh in the

ear &$$% for t3o months and 1% das. (r. Archana 3ife of (r.

pender 3as the proprietor of this hospital. (r. Archana

along3ith famil used to reside on the second floor of the said

hospital. He 3as doing the jo of deposit of electricit and

other ills etc. He used to receie the telephone of (r. pender

ut he did not "no3 3hether (r. pender had otained an

loan from an an" or not. He "ne3 !areen /angla, Jas3ant

Singh, (r. Archana as emploed in Sadha3na Hospital. (r.

pender had called in the cain of (r. Archana and he had

gien him lan" H0A forms and as"ed him to fill-up the name

and addresses of the patients. (r. pender had ta"en out a spiral

diar from 3hich he had dictated the names and addresses of

the recipients and donors. ?he H0A forms ;:.!


89/199

')

for ma"ing copies of the photographs and handed oer the same

to (r. pender. He identified (r. pender present in the court.

During !ross-examination, he stated that the CBI

officer did not otain his signature and hand-3riting for

comparison. He did not rememer all the 3or"s did 3ith

Sadha3na Hospital. He is 3or"ing 3ith the !ropert (ealer.

!rior to this jo, he had furnished his io-data 3ith regard to his

serice record and histor to his preious emploer. He had no

3here disclosed in his iodata furnished for getting the jo that

he 3as eer emploed 3ith Sadha3na Hospital or (r.

pender. He, ho3eer, denied the suggestions.

(8>9==)PW- Suni* Kumar has stated that he did BSc and diploma

in (/0? and is 3or"ing as technician in AI/S, Ne3 (elhi

since 1))). He further stated that he had conducted the H0A

tests of &$ patients*donors. He further stated that he isited onl

&-+ times and used to go to the la on the as"ing of mesh. He

further stated that onl the reports mentioned in ;:.!8%*1 to

;:.!8%*&$ 3ere prepared him. He had not receied an

mone 3ith regard to this 3or" eing the raid 3as conducted

the police. He cannot identif an of the accused present in

the court.

During !ross-examination, he stated that there

might e numer of petrol pumps in Sector-&+ =urgaon ut he

can recognie onl one petrol pump, in case, he isited the spot.

He accompanied CBI officers t3ice in the uilding, 3here he


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had 3or"ed. He further stated that his specimen hand-

3riting*signature*thum-impressions 3ere otained the CBI

9fficers ut no record is aailale 3ith the CBI. He, ho3eer,

denied the suggestion.

(8>9===) PW-0 Dimngai!hing ?hangsing B Din 'gari!hing Simte

stated that she completed her three ears diploma in =eneral

Nursing and /id3ife from Assam in the ear &$$+. She further

stated that she 3or"ed as a Nurse at oodland Hospital,

Shillong for aout si: months. She further stated that thereafter,

she shifted to (elhi 3here she 3or"ed at Sood /edical Centre,

(elhi Cantonment Area for aout three ears. ?hereafter, she

3or"ed in ?hialand. She further stated that she neer 3or"ed in

Starma: Hospital, !alam >ihar, Sector-&+ =urgaon. She "ne3

accused 0inda present in the court as the are from the same

natie place i.e. /anipur. /s. 0inda is*3as 3or"ing at 7/0

Hospital, Ne3 (elhi as Staff Nurse. She did not "no3 after

7/0 hospital 3here she had 3or"ed. 9n the reuest of learned

!ulic !rosecutor, this 3itness 3as also declared hostile and

learned !ulic !rosecutor 3as allo3ed to cross e:amine this

3itness. (uring cross e:amination, the contents of statement

mar" !8'*A 3ere put to her 3ord 3ord ut she refused to

o3n the contents of the statement and stated that she neer

made such statement to the CBI. She 3as also confronted 3ith

portion A to A of her statement mar" !8'*A, ut she denied

haing made such statement to the CBI.


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(8>=>) PW- Dr.P.R.Sharma, Se!retary Centra* Coun!i* o% =nian

3ei!ines, 'e$ De*hi stated that he is 3or"ing as 7egistrar-

cum-Secretar and their office maintained central register of

Indian /edicines. He further stated that the CBI 9fficer had

made an inuir from him regarding registration of accused

7aut Santosh 7amesh3ar and he had gien his information ide

letter ;:.!8)*1, 3hich ears his signature. He had also gien

the e:tract of the register cop of 3hich is ;:.!8)*& and the

name of accused 7aut Santosh 7amesh3ar figured at serial

No.%%'>) PW- Dr. Da*i7 ;ttam Rao Wange, Registrar,

3aharashtra Coun!i* o% =nian 3ei!ines, 3um4ai stated

that he is posted as 7egistrar /aharashtra Council of Indian

/edicines, /umai. He had gien the cop of the =aette

notification of /aharashtra ;:.!%$*1 running in t3o pages

and receipt ;:.!%$*&.

(8>>=) PW-1 Dr.S.S.Da*a* stated that he 3as posted as Ciil

Surgeon, =urgaon since +.@.&$$%. ?he notification ;:.!&+*1

4alread e:hiited5 3as also issued the Health (epartment,

=oernment of Harana. He also proed the notifications

;:.!&+*+ and ;:.!&+*@ 4alread e:hiited5. 9n the reuest

of =urgaon police, he along3ith (r. Ashrudeen /edical

Superintendent of =H, =urgaon, (r. S.!.Bhanot, (r. S.!.ada

of !ushpanjali Hospital, =urgaon isited the hospital of (r.


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)&

Amit in the night of &@ th Januar, &$$' and three operated

patients namel Naseem, Saleem and Sha"il 3ere found in the

hospital, 3hich 3ere shifted to =eneral Hospital, =urgaon

under the care of (r. S.!.Bhanot Surgeon for further

inestigation, the information of 3hich 3as sent to (=HS,

Harana ide letter ;:.!%1*1, 3hich ears his signature.

?hen on &%.$1.&$$', he constituted a team of doctors namel

(r. 2.S.7ao, the then amil elfare 9fficer. =urgaon, (r.

=ulshan Arora, Senior /edical 9fficer, =H, =urgaon, (r. Sat

!al Bhanot, =eneral Surgeon, =urgaon and Shri 7a"esh

(ahia, (istrict (rug Inspector, =urgaon to isit for the

inspection and search and seiure of the machine under the

!N(? K (rugs and Cosmetics Act. ?he letter is ;:.!%1*&,

3hich ears his signature.

During !ross-examination, he admitted that as per

notification dated &


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)+

3or"ing as Surgeon in 7ohta" /edical College, since 1)''. He

further stated that the =oernment of Harana had notified

(irector, !=I, /S, 7ohta" as appropriate authorit for districts

7ohta", Bhi3ani, Sonepat, Jhajjar, 7e3ari, =urgaon and

aridaad ide notification dated &


94/199

)@

sealed 3hen produced efore this court. He, ho3eer, denied

the suggestions.

(8>>===) PW-" Dr. 9ikram Ka*ra stated that in the ear &$$', he 3as

3or"ing in 7oc"land Hospital, Ne3 (elhi since &$$


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)>=9) PW-& Dr. 9.'.Sharma stated that he is Chairman,

Antiuac"r, I/A, HP (elhi. CBI had as"ed to furnish

information as to 3hether accused are competent prescried

and practice the surger as 3ell as the modern sstem of

allopath or not. He has gien the information in the form of

letter ;:.!%@*1, 3hich ears his signature and also the

signature of (r. (.7.7ai. He further stated that a judgment

deliered full court of HonFle Supreme Court in case of

/u"htiar Chand >s. State of !unja and others in the CA

No.') of 1)'% and also a gaette notification dated 8.@.&$$&

3ere also gien to the CBI 9fficers.

During !ross-examination, he stated that he has

not seen an of the accused practicing the surger as 3ell as the

modern sstem of allopath.

(8>>9) PW- Dr. S.S.Sang$an, 9i!e Chan!e**or, ;ni+ersity o%

ea*th S!ien!es, Rohtak stated that he 3as (irector, !=I /S,

7ohta" in the ear &$$'. He further stated that the notification

appointing (irector, !=I/S, 7ohta" as a appropriate authorit


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)8

for the (istricts 7ohta", Bhi3ani, Sonepat, Jhajjar, Narnaul,

7e3ari, =urgaon and aridaad 3as made on &


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)%

/aharashtra and thereafter, he 3as posted as !rincipal since

&$11. He has seen letter sent the CBI to the earlier !rincipal

namel (r. Sudha (eshpande and the earlier !rincipal had

issued leaing certificate of accused Santosh son of 7amesh3ar

7ao. He has rought the original register and the photo cop of

the same is ;:.!%8*1.

During !ross-examination, he admitted that the

aoe-said record 3as neer issued in his presence.

(8>>9==) PW- Dr.9.K./ansa*, Aitiona* Pro%essor o% Surgery,

A==3S, 'e$ De*hi, stated that he is posted as Additional

!rofessor of Surger, AII/S, Ne3 (elhi. (irector, AII/S had

constituted a committee, in 3hich he, (r. Sanjee 0al3ani and

(r. (.Bho3mic" 3ere memers. He further stated that this

committee 3as constituted in order to assist the CBI in

inestigation of the case relating to the case of accused Amit

2umar regarding "idne transplantation. He further stated that

the had isited the hospital of accused Amit 2umar at House

No.@+%@, Sector &+, !alam >ihar, =urgaon and (


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)'

During !ross-examination, he admitted that 3ith

regard to surger, there is a difference et3een practical

"no3ledge and oo"ish "no3ledge. He further stated that

during their interie3, no practical demonstration 3as done. He

did not hae an "no3ledge as to 3hether accused Amit 3as in

custod or not at the time of his isit. He, ho3eer, denied the

suggestions.

(8>>9===) PW-0 Dr. K.S.Rao stated that on &%.1.&$$', 3hen he 3as

posted as (istrict amil elfare 9fficer in the office of Ciil

Surgeon, =urgaon. He 3as made a memer of a team under the

!C and !B(? Act constituted appropriate authorit-cum-

Ciil Surgeon, =urgaon for inspecting ultrasound clinics and

other unregistered places. (r.=ulshan 2umar Arora, (r. Satpal

Bhanot and /r. 7.2.(ahia, (istrict (rug Inspector 3ere the

other memers of the team. ?he team inspected house No.@+%@,

Sector-&+, =urgaon, 3hich 3as erall pointed Ciil

Surgeon, =urgaon on &%.$1.&$$'. He further stated that this

house, as told the team, 3as o3ned accused Amit. 9n search

of the uilding, the team found an ultrasound machine of

?oshia compan 3hich 3as not registered 3ith the appropriate

authorit, =urgaon. Similarl, the place 3here this machine 3as

placed 3as also not registered 3ith the appropriate authorit

under !C and !N(? Act. ?he machine 3as seied and sealed

in the presence of the team, including t3o independent

3itnesses and a Head Constale /r. /ohta. He further stated


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))

that this machine 3as ta"en in possession after otaining

permission from the court of learned ACJ/, =urgaon on

&'.1.&$$'. He further stated that on the ground floor, there 3as

a reception and adjacent to reception, there 3as an office of

accused Amit. 9n the first floor, there 3ere t3o operation

theaters euipped 3ith all the instruments, e.g. 9? lights, ole

apparatus, defirillator, suc"tion machine, o:gen clinder and

clinders of Nitro:ide 3hich are used for giing anesthesia to

the patients for operation. He further stated that ultrasound

machine is used for inestigation of the patients efore and

after operation and for other purposes also, ut, it can onl e

"ept after proper registration 3ith the Appropriate Authorit

under !C and !N(? Act, 3hich 3as not in this case. 9n

&).1.&$$', inentor of all the medicines, instruments and

logistics 3ere prepared for the help of the police, 3ho

ultimatel seied and sealed all the instruments and logistics.

He further stated that house No.@+%@, Sector &+, =urgaon and

house No.(- at the main gate and in inner parts. He proed

the letters ;:.!%'*1 and ;:.!%'*& and letters mar"

!%'*A to !%'*; 3hich ear his initials. He also identified

his signature on spot memo ;:.!18*& 4alread e:hiited5.

During !ross-examination, he stated that on seeing

document ;:.!%'*&, he cannot state, 3ho had for3arded the

same to (irector =eneral Health Serices, Harana, !anch"ula


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1$$

or to the office of Ciil Surgeon. He further stated that letters

;:.!%'*1 and ;:.!%'*& 3ere receied him as an

Authorit to inestigate the case inoling pre-conception and

pre-natal (iagnostic ?echniue 4!CK!N(?5 Act. He, ho3eer,

denied the suggestions.

(8>>=>) PW- /a4u Ram stated that aout fie and half ears ac", in

/eerut near Begumpur, there is a =anga !laa and near to that,

there is a Nursing Home, 3here a o in the name of A"sha

used to 3or". He 3as acuainted 3ith one Shahid and Shahid

3as acuainted 3ith A"sha. He had donated his lood to

Shahid on &-+ occasions. He had deeloped pain in the stomach

and he had informed aout this to Shahid, 3ho had told him

that he 3ill ta"e him to (r. A"sha for treatment. After t3o

das, Shahid too" him to (r. A"sha. 9utside the Nursing

Home, (r. A"sha told him that he 3ill get him treated from a

doctor of (elhi, 3ho is "no3n to him, free of costs. (r. A"sha

told him to come after


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103/199

1$+

storied. ?here 3as a staircase from outside. After climing the

staircase, he sa3 four persons 3ho 3ere doctors. 9ne of those

persons is present in the court toda. ?he 3itness pointed out

to3ards (r. Amit and started that he 3as one of those persons.

(r. Amit inuired him 3hether he had ta"en the meals. ?o this,

he stated that he had ta"en the meals. ?hereafter, (r. Amit

as"ed him to accompan a Nepali o to room No.&$@. ?he

Nepali o as"ed him to ta"e off his clothes and as"ed him to

3ear a green coloured go3n. He 3as as"ed to lie on the ench

3here alread a patient 3as ling. An injection 3as

administered to him. He ecame unconscious. After t3o hours,

he regained consciousness. He 3as finding it difficult to

reathe. He 3as gien o:gen. He 3as shifted to another

room. He cannot identif the man, 3ho had administered the

injection to him as he 3as 3earing a mas". Ne:t morning,

3hen he 3o"e up, he found that the right side of his stomach

3as andage. He 3as haing acute pain. hen he cried, a

Nurse named Sushma came there and she administered an

injection to him. He again ecame unconscious. A o came

there, 3ho told him that he and 7ajinder 3ith 3hom he is

acuainted, 3ere there for the last @-< das. He also informed

him that their "idnes hae also een remoed. ?he o also

told him that the 3ill leae the hospital after &-+ das. After

&-+ das, he 3as shifted to another Nursing Home, 3hich 3as

in asement. He remained in that asement for 11 das.


104/199

1$@

Sushma Nurse used to loo"-after him and a o used to loo"-

after him there. ?he o used to proide meals there. 9ne da,

he came out from the asement. Ho3eer, he 3as oerpo3ered

the securit guard, 3ho too" him to the doctor in the

hospital, 3ho also told him not to leae the hospital. His

andages 3ere remoed and fresh andages 3ere applied. ?he

doctor aout 3hom he had mentioned aoe is not one of the

accused present in the court. 4?he 3itness pointed out to3ards

/s. 0inda and identified her5. She 3as also present at =urgaon

hospital 3here his "idne 3as remoed. He also found (r.

Amit, (r. 2.2. Aggar3al and (r. pender at =urgaon hospital

4?he 3itness pointed to3ards three accused and identified

them5. He has seen the photographs of petrol pump opposite

3hich the hospital, 3here his "idne 3as remoed, 3as located.

?he photographs is mar" !&*A. ?he photographs of hospital

3here his "idne 3as remoed is mar" !1*H 4alread

mar"ed5. ?he photographs of the machines are mar" !&*B,

!&*C and !&*(. He has seen the photographs mar"

!&*; and !&*, 3hich depicts the roof of the hospital.

Sushma Nurse told him, 3hen he 3as in the asement then his

"idne had een remoed and has transplanted to a rich person

on pament of mone. He had neer consented to donate or sell

his "idne. He 3as not a3are of the fact that his "idne 3ould

e remoed. CBI 9fficers during inestigation of this case, had

recorded his statement.


105/199

1$>>) PW-0 Dr. =.C.9erma, Senior Consu*tant stated that he is

3or"ing in the department of =enitic /edicines, Siri =anga

7am Hospital, Ne3 (elhi since 1))%. 9n the as"ing of the CBI

office (elhi, he had gien the information regarding H0A test

on the samples receied from (r. B.!.John, @+%@, Sector &+,

!alam >ihar 7oad, =urgaon, Harana. He had gien the reports

;:.!'$*1 to ;:.!'$*1', the letters mar" !'$*A to '$*

and '$*AA to '$*A/ e:cept mar" '$*A1 along3ith consent

form 3hich 3ere receied from (r. B.!.John, @+%@, Sector-&+,

!alam >ihar 7oad, =urgaon, Harana for H0A test. He had

gien the letter ;:.!'$*1) to CBI along3ith list of patients

referred (r. B.!.John in the ear &$$8 and &$$%. He also

handed oer the reports of the Star /a: and =agan /edical

Centre ide memo ;:.!'$*&$ and the reports are

;:.!'$*&1 to ;:.!'$*&+, 3hich ear his initials.

During !ross-examination, he stated that there is

no legal ar in conducting the H0A test of his person at an

od reuest. ?he said test is a alid test and is eing

uniforml performed in all oer India 3ithout an legal arrier.

He has not seen an accused present in the court earlier. He has

neer seen them 3or"ing 3ith (r. B.!.John.


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1$8

(8>>>=) PW-01 Ram 'i$as, Assistant ome-1 /ran!h, aryana

Ci+i* Se!retariat, Chanigarh stated that he had 3or"ed under

Shri Sant 2umar, Special Secretar to =ot. of Harana and is

conersant 3ith his signatures. He further stated that he has

rought the original consent letter ;:.!'1*1 dated +1.$1.&$$'

issued under the signature of Special Secretar to =ot. of

Harana. He has also 3or"ed under /s. iroa /ehrotra, the

then inancial Commissioner K !rincipal Secretar to =ot. of

Harana, Home (epartment. He is conersant 3ith her

signature as he had done 3or" under her.

During !ross-examination, he stated that he did

not "no3 in 3hat capacit and po3er the had signed the said

documents mentioned as ;.!'1*1 and ;:.!'1*&. He

further stated that no letter 3as 3ritten their department to

CBI 3ith regard to ?9H9 proisions. He further stated that

neither an recommendation regarding inestigation 3as made

their department to CBI*!olice. He has no personal

"no3ledge 3ith regard to the present case.

(8>>>==) PW-02 Dr. Raesh 5ain, Registrar, ;P3C, 8u!kno$(;P)

stated that he had rought the reuisitioned record. As per

record, (r. pender 2umar (ulesh had passed /BBS from

007/, /edical College, /eerut in 1)%'. (r. pender 2umar

(ulesh is registered in the Council on 1 stAugust, 1)%) ide

registration No. &+


107/199

1$%

certificate and true cop of the same is ;:.!'&*&. He has sent

the aoe record to CBI ide letter ;:.!'&*+.

(8>>>===) PW-0" Ana*a $i%e o% Sho4it stated that she is residing in

/eerut at !( Colon. She has four rothers and t3o sisters.

Her ounger sister is 3or"ing as a Nurse at (ehradoon. She is

)thstandard passed. After her schooling, she remained in their

0adies Hospital. ?here 3as a primar school in that hospital.

She 3as there to loo" after the small children 4orphan5, 3ho

3ere residing there. She did 3or" in 2anan ?aagi Clinic.

Some other staff 3as also there including the Nurse. Nun sister

adised her to 3or" at Bhagat Hospital, (elhi. She 3or"ed

there also. ?here, she 3as getting 7s.&@$$*- to 7s.&


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1$'

allo3ed to cross e:amine this 3itness. (uring cross

e:amination, the contents of statement ;:.!'+*A 3ere put to

her 3ord 3ord ut she refused to o3n the contents of the

statement and stated that he neer made such statement to the

CBI. She 3as also confronted 3ith portion A to A, B to B and

C to C of her statement ;:.!'+*A, ut she denied haing

made such statement to the CBI.

(8>>>=9) PW-0& Dr. A*ka /ashin stated that the letter ;:.!'@*1 3as

handed oer to the CBI their Chief Administrator (r.

(ilpreet Brar, in 3hich certified cop of medical records 3as

gien to the CBI. She further stated that the !hotostat attested

copies of patient record of /s.;leni (agiasi are ;:.!'@*& to

;:.!'@*+1, 3hich hae een certified (r. (ilpreet Brar

and she has 3or"ed under her and she is conersant 3ith her

signature. She further stated that the attested cop of emergenc

record of Jo /athai 3as signed (r. (ilpreet Brar and she

identified the signature of (r. Brar 3hich is ;:.!'@*+& and

;:.!'@*++.

During !ross-examination, she stated that the

record 3hich has een sho3n to her in the court that record has

onl een counter-signed (r. Brar eing the Administrator of

the Hospital. She further stated that in these treatment record,

she had no3here personall treated the patient mentioned there.

She further stated that document ;:.!'@*% 3as onl referral

note on the asis of 3hich patient 3as rought to their hospital.


109/199

1$)

She further stated that the name of patient mentioned therein

3as treated her. She further admitted that the document

;:.!'@*% sho3s that the treatment of the patient 3as got

conducted in the presence of the police officials at /A

Hospital,=urgaon.

(8>>>9) PW-0 Dr. .R.3.?ri7athi stated that he is 3or"ing as

!rincipal at S9H /edical College K Hospital, Chhatarpur,

/adha !radesh. He has rought the attested copies of the

summoned record. He further stated that as per record, Jeean

7.7aut 3as the student of the college from 1)'8 to 1))1.

Jeean did diploma in Homopathic and /edicine and Surger

4(H/S5. ?he attested cop of certificate and other records are

;:.!'


110/199

11$

document. He proed the documents 3hich are ;:.!'8*1

tripartite agreement ;:.!'8*&, receipts of pament mar"

!'8*A, !'8*B, !'8*, !'8*H to !'8*J, letter is

;:.!'8*+, pament plan mar" !'8*C, !'8*( and

!'8*;, photocop of cheue mar" !'8*= and other

documents mar" !'8*2 to !'8*S.

During !ross-examination, he stated that he has

no personal "no3ledge 3ith regard to this case. He is onl

3itness to the record. He further stated that the propert

mentioned in these documents 3ere purchased after ta"ing loan

from Standard Charted Ban" as per record.

(8>>>9==) PW-0 C.8.8asker, Registrar, Raasthan 3ei!a* Coun!i*,

5ai7ur, stated that in the ear &$$', he 3as 3or"ing as Acting

7egistrar,7ajasthan /edical Council, Jaipur. ?he Inestigating

officer of CBI had ta"en the record from him pertaining to

accused 2rishan 2umar Aggar3al. He handed oer the attested

photocopies of the original record, 3hich are ;:.!'%*1 to

;:.!'%*1+ ide letter ;:.!'%*1@.

(8>>>9===)PW-00 R.K.Sah, Assistant Pro%essor, Shri Ram Co**ege o%

Commer!e, De*hi ;ni+ersity, stated that he remained posted

as Assistant 7egistrar of Companies, (elhi and Harana in the

ear &$$'. He had handed oer the attested copies of the

original documents ide letter ;:.!81*1 4alread e:hiited5.

?he documents are ;:.!81*& to ;:.!81*+'. He further


111/199

111

stated that these documents hae een attested him and ear

his signature.

During !ross-examination, he stated that he

cannot tell regarding the "ind of 3or" eing done at 0iert

Health Care !riate 0imited at /ali Nagar, (elhi. He is

deposing as per record onl.

(8>>>=>) PW-0 Rohit Singh stated that he joined ABN amro Ban",

Ne3 (elhi in April, &$$< as /anager. He has seen the folder

containing account opening form of Account No.'%1@11

pertaining to 0iert Health Care !t. 0td. 3ith registered

office B-1*


112/199

11&

remittances certificate aisal Said Binagr"sa. He has seen

the account opening forms along3ith documents of account

No.'%C) PW- Chanan Singh stated that he joined this compan in

the ear &$$@ as Serice ;ngineer. At that time, the name of the

compan 3as /*S Baar (iagnostics India, 0imited. He 3as in

their Health Care (iision. He further stated that this compan


113/199

11+

3as dealing in distriution of Bio-Chemistr euipments and

7eagents. He further stated that all the euipments distriuted

this compan in India relates to lood testing to reeal

different tpe of disease. ?heir compan entered into an

agreement 3ith Star /a: 0ife Care, =urgaon and photo cop of

the agreement is mar" !)$*A. He further stated that these

tests are also used for ascertaining in proper functioning of all

od organs including the "idne, lier, heart, lungs etc.


document 3hich sho3n to him i.e. mar" !)$*A does not ear

signature of an person either from their compan or on ehalf

of customer name. He further stated that he neer isited the

customer office in his life.

(>C=) PW-1 Par+een 3ang*a stated that he 3as 3or"ing as /edical

Store Assistant in Shri 7am Hospital, Balagarh in 1))). (r.

Archana and (r. pender 3ere the !roprietors of the hospital

and small operations 3ere eing conducted in this hospital. He

further stated that the file containing production-cum-seiure

memo dated 1@.&.&$$', letter dated 1@.&.&$$' of (r.

/.C.>aida Hon. Consultant H0A 0a, Batra Hospital and

/edical Centre of Ch.Aishi 7am Batra Basic Charitale ?rust,

Ne3 (elhi and 1$+ H0A reuisition forms hae een seen

him in the court. He further stated that H0A forms !


114/199


115/199

11C==) PW-2 Smt. 6m$ati $i%e o% ari Chan stated that she

3or"ed in Shri 7am Hospital as Nurse and she had signed the

account opening form ;:.!)&*1. She further stated that (r.

pender 3as the o3ner of the hospital and he had ta"en her si:

photographs at that time. She 3as told that these photographs

are reuired for medical insurance. She further stated that the

accounts of other staff of the hospital 3ere also opened and

from them also si: photographs each 3ere ta"en. She further

stated that her photographs on H0A form is ;:.!))*&. She

further stated that she did not fill in an form for lood testing

as filled in the form. She further stated that H0A form is haing

the name of Noorano.

During !ross-examination, she admitted

that her photo 3as not pasted on the form ut it 3as stapled.

She further admitted that her photo not haing her signature.

She also admitted that the photograph on account opening form

and photograph on account are of different colour. She stated

that si: photographs 3ere deeloped of same sie and colour.


116/199

118

She further stated that her photograph on ;:.!)&*1 3as ta"en

earlier. She, ho3eer, denied the suggestions.

(>C===) PW-" Dr. Ashok Kumar 9ermastated that he is 3or"ing as

Anaesthetist at 2ailash =roup of Hospital, Nodia since 1))8.

He receied telephone of (r. pender in the ear &$$@. He

as"ed him to 3or" in his hospital as Anaesthetist as he is to

perform the operation of "idne transplantation. He told him

that in Harana and /an other States, operation of "idne

transplantation is legall alid and he told him that all the

formalities hae een completed. He met (r. pender 3ho

introduced him to (r. Amit 2umar in !alam >ihar, =urgaon.

He told him that (r. Amit 2umar is Specialist in "idne

transplantation. ?herefore, he agreed. He had gien anaesthesia

to %-' patients and in these cases, the operations 3ere

performed (r. Amit 2umar of donor and recipient. He

further stated that all the operations 3ere performed in his

presence. He further stated that (r. pender told him that the

are shifting the enue to (0, =urgaon. He 3as called (r.

pender and some time (r. Amit on moile phone 3heneer

his serices 3ere reuired. He 3or"ed there onl for &-+

months. He 3as gien total aout 7s.1.< lacs. He identified (r.

pender and (r. Amit, 3ho are present in the court. He also

identified accused /anoj, 3ho is present in the court.


efore giing anaesthesia patient is to e chec"ed thoroughl


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including his od condition, od 3eight mass inde: and other

reports efore deciding the dose of the medicine to e gien at

the time of anaesthesia. He further admitted that in routine at

2ailash Hospital, he prepared post operatie and intra operatie

notes on the patient ed tic"et. He, ho3eer, denied the

suggestions.

(>C=9) PW-& 3ano 5ain stated that he is doing the 3or" of cloth

usiness at 7ohta". His father late Shri J.2.Jain 3as also doing

the same usiness. He 3as suffering from "idne prolem.

?he hae een ta"ing treatment for "idne dialsis at Saroj

Hospital, (elhi. ?he receied telephone of accused /anoj,

3ho told them that in case the 3ant to get the "idne for his

father transplanted, then the should contact him. Accused

/anoj met his father outside Saroj Hospital. He further stated

that he told his father that he 3ill get the "idne transplanted

and total e:penditure 3ill e 7s.1$-1& lacs. After &-+ das,

accused /anoj again contacted his father and as"ed to ring

7s.


118/199

11'

"idne transplantation is legall alid in =urgaon. ?hereafter,

his father 3as shifted to =urgaon, !alam >ihar for "idne

transplantation and he told that the operation 3ill e performed

in the night. His father 3as ta"en in the operation theater in the

night. He also reached there and operation had started. ?he

operation 3as oer after aout 1-1*& hours. /anoj and Amit

told them that the operation is successful and his father 3as

admitted in a room. ?he donor 3as arranged the accused,

ut he did not "no3 the identit of the donor. He met his father

in the IC on the ne:t da and his condition 3as normal. He

further stated that his father staed in the hospital for aout +-@

das. He further stated that the medicines 3ere also gien

the same hospital. ?here 3ere seeral patients in the hospital.

He further stated that on &@.1.&$$', accused /anoj told them to

leae the hospital as the police is ehind them and /anoj too"

his parents in a /aruti car and left them near the /aruti

actor and from there, his maternal uncle too" them to Sir

=anga 7am Hospital. ?he refused to gie the treatment.

?hereafter, his maternal uncle too" his parents to 7ohta".

During !ross-examination, he stated that no

phone numer of /anoj 3as proided them to the CBI

officials, neither the had gien an call details of the numers

3hich 3ere eing used him or his father to the CBI. He

further stated that his father had e:pired in the ear &$$'. He

further stated that his father had died natural death and 3as


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under treatment at !ushpa3ati Singhania Institute, NC?, (elhi.

He, ho3eer, denied the suggestions

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Gurgaon Kidney Scam Case Judgement

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