JUDGMENT :

Gita Mittal, J.

1. By the instant appeal, challenge has been laid to judgment dated 2nd May, 2009 in case arising out of FIR No. 160/2006 registered at Police Station, Katra.

2. We have heard Mr. Sanchit Verma, who appears for Mr. Raman Sharma, learned Deputy Advocate General and Mr. Sachin Sharma for the respondent. The record of the trial court has also been produced before us, which has also been perused. We have given our considered thought to the submissions made before us.

3. Before examining the grounds on which challenge is laid, we may briefly note the background facts giving rise to the registration of the case by the Police of Police Station, Katra.

The case of the prosecution before the trial court was that on 29th April, 2006, at around 02:10 hours, Dina Nath (P.W. 1) and Nasib Singh (P.W. 2) informed the police that on 28th April, 2006 at about 4.00 p.m., a couple namely Vishu Misra and his wife Tannu Misra residents of Kanpur (U.P.), hired a room No. 103 in Hotel Shastri Yatri Niwas, Katra. Between 1.30 to 1.45 a.m., there was noise in the said room and upon checking, both inmates i.e. Vishu Misra and Tannu Misra were found unconscious. These two persons suspec