It was also the prosecution case that the petitioner informed the villagers that Bigani Bai had died on account of pain in her stomach.
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 number wake up, Ramraj assaulted Bigani Bai with a stick causing severe internal and external injuries as a result of which Bigani Bai died.
Somarsai is alleged to have asked the petitioner to report the matter to the police before burying the dead body.
Information was accordingly sent to the parents of the deceased and on receiving the same, the father of the deceased, Somarsai PW 1 , came and saw that the face of the deceased was in swollen companydition and clotted blood was present on her mouth.
However, in disregard of such direction, the petitioner buried the body of the deceased.
Since this gave rise to suspicion, the body of the deceased was exhumed on the report of Somarsai and on post mortem examination thereof, it was found that the mandible bone was fractured and on opening the body, the liver was also found ruptured.
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 1995, affirming the judgment of companyviction 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.
ALTAMAS KABIR, J. This Jail Petition at the instance of Ramraj Nanhoo Bihnu, since numbered as SLP Crl.
