DHARAM DEO YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The above two appeals are filed against the judgment and order dated 24-2-2003 passed by District & Sessions Judge, Varanasi, in S.T. No, 184 of 1999 whereby the appellant Dharam Deo Yadav was convicted under, Sec. 302/34 I.P.C. and sentenced to death, under Sec. 201 I.P.C. he was sentenced to seven years rigorous imprisonment and the respondents in Govt. Appeal No. 2726 of 03 Kali Charan Yadav, Sindhu Harijan, Ram Karan Chauhan, Kesar Prasad Vaclav and Mahesh Chandra Misra arc acquitted of all the charges. The criminal reference is for the confirmation of death sentence.

(2.) The factual matrix of this appeal is related to the unfortunate murder of one Diana Clare Routley (hereinafter referred to as "Diana"), a New Zealander, who visited India in the year 1997. On 7.8.97 she arrived in Varanasi from Agra and stayed in Old Vishnu Guest House in Room No. 103. She left the Vishnu Guest House on 10.8.97 at 7.00 a.m for going to Darjeeling. Thereafter, she was missing and her father Allen Jack Routley informed the authorities about the missing of his daughter. A team of police officers was constituted headed by Raghvendra Singh, Station House officer P.S. Laksa. The team searched Diana but she could not be traced and it was revealed that one Dharam Deo Yadav came in contact with Diana and she was last seen along with him. The police team submitted its report to Superintendent of Police (City), Varanasi on 24. 4. 98 (Ex.42).

(3.) Thereafter, a written report was lodged by Allen Jack Routley, father of Diana, at P.S. Bhelupur, district Varanasi which was registered as Case Crime No. 254 of 1998 under Sec. 366 I.P.C. The report is reproduced below.