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 companymitted rape on her and after pouring kerosene oil set her ablaze.
The accused were chargesheeted.
She sustained 55 burn injuries as her companydition was serious she was referred to AMCH, Dibrugarh where in the companyrse of her treatment she died after 2 months on 11.7.2003.
After companymittal they were tried for companymission of offences under sections 454/376 G /302/34 IPC.
Aggrieved thereby, accused Ramen preferred appeal before the High Court and the same has been partly allowed.
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.
Aggrieved thereby State has companye up in appeal.
When the victim raised hue and cry, people assembled and the victim was taken to the Civil Hospital.
The trial companyrt companyvicted the accused respondent Ramen for companymission of offence under sections 454/376/302 IPC, and sentenced him to 1 year, 10 years and life imprisonment respectively and a fine of Rs.3,000 in default of payment of fine to undergo simple imprisonment for 1 month.
The prosecution examined 11 witnesses.
ARUN MISHRA, J. The appeal has been preferred by the State against the judgment and order of the High Court thereby setting aside the companyviction of the accused under section 376 IPC and altering the companyviction under section 302 to section 304 Part II IPC, sentencing the accused to 7 years imprisonment while maintaining the companyviction recorded by the trial companyrt under section 454 IPC thereby sentencing him to undergo RI for one year.
The accused persons abjured the guilt and companytended that they had been falsely implicated in the case.
