[Per : Hon’ble Prafulla C. Pant, J.]

This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 28.04.1994, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 114 of 1990, whereby accused/appellant Ajay Mishra has been convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and sentenced to imprisonment for life.

2. Heard learned counsel for the parties and perused the trial court’s record.

3. Prosecution story, in brief, is that accused/appellant Ajay Mishra got married to Ashima Bala Mishra on 30th June 1989 in Orissa. Both accused and deceased belong to Orissa. On 19.06.1990, the two came to Rishikesh and stayed in Hotel Basera, in room No. 102. In the intervening night of 19th/20th June 1990 at about 00.30 hours, P.W.1 Sanjay Gupta, a house keeper of the Hotel, was cleaning tiles, when accused Ajay Mishra came down at Reception Counter, from first floor and told that his wife was in a serious condition and sought help to take his wife to Hospital. P.W.3 Dev Ashish was on the reception duty and one Govind Singh Bisht and M