JUDGMENT

ARUN MISHRA, J.

1. The appeal has been preferred by the State against the judgment and order of the High Court thereby setting aside the conviction of the accused under section 376 IPC and altering the conviction under section 302 to section 304 Part II IPC, sentencing the accused to 7 years’ imprisonment while maintaining the conviction recorded by the trial court under section 454 IPC thereby sentencing him to undergo RI for one year.

2. As per the prosecution case the incident took place on 1.5.2003 at about 5 p.m. when accused Ramen Dowarah and Janmejoy Gogoi alias Sanju entered the house of victim and committed rape on her and after pouring kerosene oil set her ablaze. When the victim raised hue and cry, people assembled and the victim was taken to the Civil Hospital. She sustained 55% burn injuries as her condition was serious she was referred to AMCH, Dibrugarh where in the course of her treatment she died after 2 months on 11.7.2003. On the date of the incident the paternal uncle of the victim Mr. Khirode Hazarika, PW 1, lodged a First Information Report at P.S. Tinsukia.

3. The accused were chargesheeted. After committal they were tried for commission of offences