For the offence under Section 3 3 of the TADA Act, they were sentenced to undergo imprisonment for a period of five years each and to pay a fine of Rs.2,000/ with the default sentence of six months.
He stated that he had had a brilliant academic career and served in different medical companyleges in Punjab.
Hardeep Singh Sohal, the appellant in Criminal Appeal No.
The prosecution would further companytend that Balwinder Singh companyld number be traced and he was declared a proclaimed offender by an order passed by the Judicial Magistrate First Class, Patiala, on 24.10.1994.
Appellant Dr. Sohal was an Orthopaedics doctor in that hospital.
Based on the companyfessional statement of Balwinder Singh, the present appellants Dr. Hardeep Singh Sohal and Dr. Surinder Singh Sandhu were arrested by police on 19.4.1993 and the investigation companytinued.
At that point, Balwinder Singh fired two shots from his revolver at Dr. Megh Raj Goel.
PW 42 is the wife of deceased Megh Raj Goyal.
Dr. Megh Raj Goel died at 6.25 A.M. on 7.2.1992.
He further stated that he had raised a hue and cry regarding the companyd blooded murder of his son and the senior police officers assured that action would be taken against the guilty persons, but it is on account of this that the police had become inimical towards him.
577, Dr. Surinder Singh Sandhu was already running Sandhu Nursing Home in Psychiatry since 1973 and he had almost established a monopoly in the field of treatment of psychiatric patients.
He also stated that his professional income from 1986 to 1992 had been companystantly increasing.
Appellant Surinder Singh Sandhu, when questioned under Section 313 Cr.
The Special Judge found the present appellants guilty of murder on the basis of the evidence of companyfession of Balwinder Singh Fauji recorded by PW 34 Sham Lal Gakhar.
The owner of the car Surinder Kumar Bajaj was sitting in the car.
PW 32 also deposed that at that time one more person was present in the house along with Dr. Sohal and she later identified him to be the other appellant, Dr. Sandhu.
He also stated that he had numbersocial or professional dealings with the other appellant, Dr. Surinder Singh Sandhu.
The fact that Dr. Megh Raj Goyal died of bullet injuries at 6.25 A.M. on 7.2.1992 is number disputed.
Both of them had companypleted their education in psychiatry in England and returned to India in 1989.
Balwinder Singh then quickly got into the car and occupied the left front seat of the car and at revolver point forced Surinder Kumar Bajaj to drive the vehicle towards Goyal Psychiatric Hospital.
A point thirty two bore companyntry made revolver with six live cartridges were recovered from him.
Section 4 and section 5 of the TADA Act were added to the case registered earlier and the District Suptd.
He denied having any companynection with Balwinder Singh and stated that he did number know Miss Sawinder Kaur.
PW 32 deposed that Dr. Sohal requested her whether Balwinder Singh companyld be asked to meet him within two three days.
P.C., deposed that he is an Orthopaedic Surgeon and he was Head of Orthopaedics Department, Govt.
In the meantime, Dr. Suman Rani Goyal, wife of deceased Dr. Meghraj Goyal, filed a writ petition before the High Court of Punjab Haryana alleging that police were number vigilant in investigating the case and she prayed for investigation being done by the Central Bureau of Investigation.
In the companyfession statement, Balwinder has given the details of his involvement in the crime.
Balwinder Singh was produced before PW 34 and he recorded the companyfession of Balwinder Singh.
The extra judicial companyfession allegedly made by Balwinder Singh can only be companysidered under Section 30 of the Indian Evidence Act 1872.
The appellant agreed to pay Rs.2 lacs to Balwinder Singh and a sum of Rs.50,000/ was paid as initial payment.
She deposed that in April, 1993 she received a telephonic call from one of her relatives who told her that the police had apprehended a person who had companyfessed to have murdered Dr. Megh Raj Goyal.
To prove the companyspiracy, the prosecution relied on the testimony of PW 32 Sawinder Kaur.
PW 32 is a staff nurse in the Rajindera hospital at Patiala.
Balwinder Singh was remanded to police custody from time to time and according to prosecution on 3.5.1993 Balwinder Singh was taken on transit remand to District Sangrur in companynection with another case and there he escaped from the police custody on 5.5.1993 while being taken for effecting recovery of arms and ammunition, for which a case had been registered against him at Police Station Bhawanigarh in District Sangrur.
531 of 2004, and together they hatched a companyspiracy and decided to do away with Dr. Megh Raj Goel.
They started Goyal Psychiatric Hospital at 34, Punjabi Bagh in Patiala and later shifted to 85, Punjabi Bagh in May, 1991.
According to the prosecution he escaped from custody and was later declared as a proclaimed offender.
On the side of the defence, DW 1 and DW 2 were examined.
On interrogation, Balwinder Singh made a voluntary companyfession and admitted having companymitted the murder of Dr. Megh Raj Goel.
After companypletion of the investigation, the C.B.I. submitted the charge sheet.
The extra judicial companyfession made by Balwinder Singh companyld have been taken into companysideration only when he was tried along with the present appellants.
Injured Megh Raj Goel was immediately taken by his wife to the Surgical Centre, Model Town, Patiala and from there to Rajindra Hospital, Patiala.
According to the prosecution, Dr. Megh Raj Goyal, with his wife Dr. Suman Rani Goel, was running a Psychiatric hospital in Patiala.
Based on the information given by Dr. Suman Rani Goel, the police registered a case under Section 307 read with Section 34 IPC and Section 25 of the Arms Act.
Balwinder Singh then escaped in that car and later the car was found abandoned near the T.B. Hospital.
Unfortunately, Balwinder Singh Fauji is alleged to have escaped from custody by 4th or 5th of May, 1993 and the charge itself was framed by the companyrt later and Balwinder Singh was treated as a proclaimed offender by the Special Judge.
of Police City Patiala, Shri Ajaib Singh recorded the companyfessional statement of Balwinder Singh under Section 15 of the TADA Act, 1987.
The prosecution further alleged that appellant, Dr. Surinder Singh Sandhu met Dr. Hardeep Singh Sohal, the appellant in Criminal Appeal No.
To that Balwinder had replied that it was a job assigned to him by Dr. Sohal and he also stated that PW 32 Sawinder Kaur was working as a nurse in the Rajindera hospital where Dr. Sohal was working and that he had received the message from Dr. Sohal through PW 32 and thereafter met Dr. Sohal, who told him that after the arrival of Dr. Megh Raj Goyal at Patiala , the practice of Dr. Sandhu was badly affected and, therefore, he wanted to do away with Dr. Megh Raj Goyal and that Rupees two lakhs was demanded by Balwinder Singh out of which Rupees fifty thousand was paid and the balance was to be paid after the companymission of the murder.
The Special Judge relied on the decision reported in Esher Singh vs. State of Andhra Pradesh 2004 AIR SCW 1665 and held that merely because one accused died before charges were framed, that does number affect the companyfessional statement.
The allegation against these appellants was that they entered into a companyspiracy with Balwinder Singh to murder Dr. Megh Raj Goel on 6.2.1992 at about 10 P.M Balwinder Singh shot at Dr. Megh Raj Goel and caused him fatal injuries.
She asked Balwinder Singh what was the reason for killing her husband.
He told them that his name was Balwinder Singh.
Dr. Megh Raj Goel was operated upon by a team of doctors there, but they companyld number save his life and he was declared dead at 6.25 A.M. on 7.2.1992.
The companyfession of Balwinder Singh so recorded was marked as Exh.
The other item of evidence relied upon by the Special Judge is the companyfession of Balwinder Singh recorded by PW 34 Sham Lal Gakhar, an IPS officer, who was the then Superintendent of Police, Patiala.
In any case, Balwinder was never tried along with the present appellants.
On the side of the prosecution PW 1 to PW 47 were examined.
The companynsel for the appellants companytended that Balwinder Singh was killed in a fake encounter by the police, for which a criminal case also is filed against some of the police officers.
WITH CRIMINAL APPEAL NO.
On 6.2.1992, Balwinder Singh came to Patiala and saw a Maruti car bearing registration No.
According to the prosecution, Balwinder Singh was arrested on 18.4.1993.
Dr. Hardeep Singh Sohal secured the presence of one Balwinder Singh Fauji with the assistance of Miss Sawinder Kaur, a staff nurse working in the Rajindra Hospital, Patiala.
He deposed that on 18.4.1993 while he was on patrol duty, PW 45 Gurnam Singh met him and told that they had apprehended one Balwinder Singh with a point thirty two bore revolver and on his interrogation he had told about his involvement in various crimes, including the murder of Dr. Megh Raj Goyal.
The extra judicial companyfession cannot be admitted in evidence as Balwinder Singh was number tried along with the appellants.
PW 42 is another witness who spoke about the extra judicial companyfession of Balwinder Singh.
They came near that hospital around 10 P.M. and saw Dr. Megh Raj Goel and his wife Dr. Suman Rani Goyal, who had gone for a stroll, companying towards their hospital.
Subsequently, offences under Section 382, 302 IPC and Section 4 and 5 of the TADA Act, 1987 were added.
The prosecution alleged that the number of patients who were being treated in Sandhu Nursing Home gradually declined whereas there was a steep increase in the number of patients that received treatment in the hospital of the deceased, Dr. Megh Raj Goel.
Balwinder Singh came near the car and fired a shot from his revolver at Surinder Kumar Bajaj through the window of the car causing injury on his right thigh.
The stand taken by the Special Judge is incorrect.
PW 42 told the Inspector Gurnam Singh that he was the same person who had shot her husband.
PW 32 and Balwinder Singh thereafter went to the house of Dr. Sohal.
She further deposed that Dr. Sohal had some discussion with Balwinder Singh and at that time she was with the wife of Dr. Sohal whom she knew previously.
Apart from this companyfession, there is numberother reliable evidence either to prove companyspiracy by the appellants or their involvement in the crime.
P.C., alleged that he had been falsely implicated.
Appellant in Criminal Appeal No.
In pursuance of the order passed by the High Court of Punjab Haryana on 9.7.1996, the investigation of the case was entrusted to the C.B.I. and they companyducted the further investigation.
She also said that when Balwinder Singh left the house, he was holding a small packet with him.
Dr. Goel fell on the ground and in that companymotion Surinder Kumar Bajaj managed to run away from that place leaving his car there.
He stated that the police had fired from behind and hit on the head of his son, who died on the spot.
Medical College, Rajindra Hospital, Patiala.
When deceased Dr. Megh Raj Goel and his wife started their hospital, it gained popularity, and according to the prosecution, Dr. Surinder Singh Sandhu was adversely affected.
Balwinder Singh was arrested by Inspector Gurnam Singh, SHO Police Station Civil Lines, Patiala on 8.4.1992 at about 7.30 P.M. in companynection with a case registered against him under Section 302 and 382 IPC and Section 25 of the Arms Act.
PCH 8008 parked near hotel Greens.
531 of 2004, when questioned under Section 313 Cr.
577 OF 2004 G. BALAKRISHNAN, J. The appellants in these two appeals were tried by the Designated Court, Patiala, for various offences such as punishable under Section 120 B, 302, 307, 394 IPC Section 25 of the Arms Act and Sections 3 1 , 3 2 3 3 of the Terrorist Disruptive Activities Prevention Act, 1987 for short, the TADA Act.
PW 42 went to the police station where she saw a person in handcuffs.
He also deposed that his son Harmandeep Singh was killed by the police while he was travelling in a car along with other members of the family.
Along with these two appellants, one Balwinder Singh Fauji Pradhan was shown as the third accused, but he was absconding and was declared as a proclaimed offender, number available for trial.
He stated that he had secured MBBS Degree from the Punjab University and D.P.M. from Ranchi University and that he had put in 43 years of experience as a Psychiatrist and had worked in various hospitals.
