JUDGMENT

Altamas Kabir, J. —

1. This Jail Petition at the instance of Ramraj@Nanboo@Bihnu, since numbered as SLP(Crl.)No.4614 of 2006, is directed against the judgment and order dated 8th December, 2005, passed by the Division Bench of the Chhattisgarh High Court at Bilaspur in Criminal Appeal no.361 of 1955, affirming the of judgment of conviction and sentence under Sections 302 and 201 of the Indian Penal Code of the Second Additional Sessions Judge, Ambikapur, In Sessions Trial No.27 of 1994.

2. From the judgment impugned in the Special Leave Petition, it appears that Bigani Bai was married to the accused/petitioner Ramraj from 6-7 years prior to the date of the incident, namely, the intervening night of 28th and 29th October, 1993. According to the prosecution, Bigani Bai (the victim) and the accused-petitioner had quarrelled In the evening and in the night on’ hearing the cries of the child, when Ramraj tried to wake up Bigani Bai and she did not wake up, Ramraj assaulted Bigani Bai with a stick causing severe internal and external injuries as a result of which Bigani Bai died. It was also the prosecution case that the petitioner informed the villagers that Bigani Bai had di