KOSHAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE above two appeals, arising out of judgment and order dated 07.06.2004 passed by Additional Sessions Judge/ 1st FTC, Hardwar were taken up together for hearing and are being disposed of by this common judgment.

(2.) THE appellant stood trial for the offence punishable under Section 302 IPC for causing death of 5 year old child (Arun) son of her husband's brother Pappu.

(3.) ARUN was initially admitted in Government Hospital, Roorkee, from where he was referred to Meerut. He was admitted in Lok Priya Hospital, Meerut, where he remained under treatment upto 24.06.1998. Meanwhile, inquiries were made by Hari Chand and Somti, on which Arun disclosed that Koshal Chachi had set him on fire after pouring kerosene oil on him. PW 4 Ramesh, who had reached the house of the complainant in the morning on 22.06.1998, was also informed by Arun about the said incident. PW 6 Dr. M.R. Malik, Medical Officer, medically examined Arun in Civil Hospital, Roorkee at about 8.40 a.m. and found the following: