DHARAM DEO YADAV Vs. STATE OF U.P.
LAWS(SC)-2014-4-28
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on
April 11,2014
Dharam Deo Yadav
Appellant
VERSUS
STATE OF U.P.
Respondents
Referred Judgements :-
LAKHANPAL V. STATE OF MADHYA PRADESH [REFERRED TO]HANUMANT GOVIND NARGUNDKAR VS. STATE OF MADHYA PRADESH [REFERRED TO]
ERADU VS. STATE OF HYDERABAD [REFERRED TO]
STATE OF UTTAR PRADESH VS. DEOMAN UPADHYAYA [REFERRED TO]
PADALA VEERAREDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF ANDHRA PRADESH VS. GANGULA SATYA MURTHY [REFERRED TO]
STATE OF MAHARASHTRA VS. SURESH [REFERRED TO]
ANTHONY D SOUZA VS. STATE OF KARNATAKA [REFERRED TO]
SAHADEVAN ALIAS SAGADEVAN VS. STATE REP [REFERRED TO]
STATE OF U P VS. SATISH [REFERRED TO]
A N VENKATESH VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF RAJASTHAN VS. DAULAT RAM [REFERRED TO]
MUSTKEEM ALIAS SIRAJUDEEN VS. STATE OF RAJASTHAN [REFERRED TO]
SANDEEP VS. STATE OF U P [REFERRED TO]
SAHADEVAN VS. STATE OF TAMIL NADU [REFERRED TO]
SHANKAR KISANRAO KHADE VS. STATE OF MAHARASHTRA [REFERRED TO]
Cited Judgements :-
TARESH KUMAR VS. SOHAN KUMAR [LAWS(CHH)-2014-6-28] [REFERRED TO]STATE OF U.P. VS. MAHFOOZ ANSARI [LAWS(ALL)-2022-9-36] [REFERRED TO]
NAJEEM MIYAN VS. STATE OF U.P. [LAWS(ALL)-2020-3-118] [REFERRED TO]
MUKESH DOLATRAM HARJANI VS. STATE OF GUJARAT [LAWS(GJH)-2015-7-25] [REFERRED TO]
IRFAN MOHAMMAD MODHIA VS. STATE OF GUJARAT [LAWS(GJH)-2017-10-2] [REFERRED TO]
BAHADURSINH @ DARBAR BHIKHUBHAI MAHIDA VS. STATE OF GUJARAT [LAWS(GJH)-2014-8-255] [REFERRED TO]
SNEHAL DIAS VS. STATE [LAWS(BOM)-2019-8-68] [REFERRED TO]
SMT. SITA DEVI WIFE OF SHRI MEHATA VS. THE STATE OF RAJASTHAN, THROUGH P. P. [LAWS(RAJ)-2017-3-137] [REFERRED TO]
P.A.SHIVAPPA VS. K.S.ANANDA [LAWS(KAR)-2022-9-417] [REFERRED TO]
STATE OF BIHAR VS. NIRANJAN [LAWS(PAT)-2020-11-2] [REFERRED TO]
SHIV PRASAD AND ORS. VS. STATE OF M.P. [LAWS(CHH)-2014-12-53] [REFERRED TO]
TUKARAM @ TUKU S/O MEHTAR SAHU VS. STATE OF MADHYA PRADESH (NOW CHHATTISGARH) AND ORS [LAWS(CHH)-2016-1-67] [REFERRED]
CHANDRAKANT JHA VS. STATE [LAWS(DLH)-2016-1-133] [REFERRED TO]
VANLALHLUA VS. STATE OF MIZORAM [LAWS(GAU)-2022-11-40] [REFERRED TO]
TARANJIT SINGH @ BADAL VS. STATE OF H P [LAWS(HPH)-2016-9-262] [REFERRED]
STATE OF HIMACHAL PRADESH VS. MOHIT AND OTHERS [LAWS(HPH)-2017-9-46] [REFERRED TO]
SHREEMAD JAGADGURU SHANKARACHARYA SHREE SHREE RAGHAVESHWARA BHARATI SWAMIJI VS. STATE OF KARNATAKA [LAWS(KAR)-2014-12-7] [REFERRED TO]
PARVEZ FARUKH DALVI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-6-222] [REFERRED TO]
PANKAJ VS. STATE NCT OF DELHI [LAWS(DLH)-2014-9-290] [REFERRED TO]
TONNY KUMAR @ VIKAS SON OF SHRI CHANDRA SHEKHER PRASAD VS. THE STATE OF RAJASTHAN THROUGH THE PUBLIC PROSECUTOR [LAWS(RAJ)-2017-5-124] [REFERRED TO]
SARAJENDU DEB VS. STATE OF TRIPURA [LAWS(TRIP)-2014-9-9] [REFERRED TO]
BABITA DEVI VS. STATE OF HARYANA [LAWS(P&H)-2014-12-202] [REFERRED TO]
PAPPU VS. STATE [LAWS(DLH)-2016-5-63] [REFERRED TO]
BALDEV SINGH & OTHERS VS. STATE OF H P [LAWS(HPH)-2017-4-138] [REFERRED TO]
STATE OF U.P. VS. DEEN DAYAL TIWARI [LAWS(ALL)-2022-5-47] [REFERRED TO]
BHOLARAM DHRUW VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-2-89] [REFERRED]
STATE OF U.P. VS. LAEEK [LAWS(ALL)-2022-10-48] [REFERRED TO]
VINOD AND ANOTHER VS. THE STATE OF U.P. [LAWS(ALL)-2017-2-197] [REFERRED TO]
NIMA TAMANG VS. STATE OF GOA [LAWS(BOM)-2023-8-577] [REFERRED TO]
OM PRAKASH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-3-37] [REFERRED TO]
SIMRAN PAL SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-1-35] [REFERRED TO]
BHARAT BAJAJ VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-1-93] [REFERRED TO]
MADAN LAL TANDAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-8-12] [REFERRED TO]
OM PRAKASH @ PADDA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-6-70] [REFERRED TO]
TAKKI MOHD. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-85] [REFERRED TO]
STATE VS. SANTHOSHKUMAR [LAWS(MAD)-2021-4-203] [REFERRED TO]
RAJESH BHARDWAJ VS. STATE OF BIHAR [LAWS(PAT)-2017-3-135] [REFERRED TO]
IN REFERENCE RECEIVED FROM THE FIRST ADDITIONAL SE VS. SACHIN KUMAR SINGHRAHA [LAWS(MPH)-2016-3-122] [REFERRED]
RAJAN YADAV VS. STATE OF U. P. [LAWS(ALL)-2021-3-70] [REFERRED TO]
MUNSHILAL VS. STATE OF M P [LAWS(MPH)-2018-5-104] [REFERRED TO]
CHANDRABHAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-8-188] [REFERRED TO]
STATE OF MADHYA PRADESH VS. IRFAN [LAWS(MPH)-2021-9-13] [REFERRED TO]
AJAYVIR SINGH AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2015-2-80] [REFERRED TO]
BASUDEV SOREN VS. STATE OF ODISHA [LAWS(ORI)-2022-3-30] [REFERRED TO]
BHOLARAM DHRUW VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-9-36] [REFERRED]
RAJENDRAN VS. STATE OF KERALA [LAWS(KER)-2019-3-14] [REFERRED TO]
MAHESH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-2-196] [REFERRED TO]
STATE OF H P VS. GIAN CHAND [LAWS(HPH)-2014-12-121] [REFERRED TO]
BASAVARAJ VS. STATE OF KARNATAKA [LAWS(KAR)-2020-6-511] [REFERRED TO]
KARAN THAKUR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-12-171] [REFERRED TO]
AKHTAR VS. STATE OF UP [LAWS(ALL)-2014-8-209] [REFERRED TO]
BADAM SINGH VS. STATE OF U. P. [LAWS(ALL)-2022-12-89] [REFERRED TO]
STATE OF U.P. VS. BUDDHA [LAWS(ALL)-2022-5-67] [REFERRED TO]
STATE OF U.P. VS. SARVAN [LAWS(ALL)-2022-9-23] [REFERRED TO]
PERUMAL RAJA @ PERUMAL VS. STATE, REP. BY INSPECTOR OF POLICE [LAWS(SC)-2024-1-13] [REFERRED TO]
MULAYAM SINGH VS. STATE OF M.P. [LAWS(MPH)-2016-10-40] [REFERRED TO]
STATE OF MADHYA PRADESH VS. ANIL [LAWS(MPH)-2016-8-84] [REFERRED]
HANUMAPPA VS. YALLAKKA [LAWS(KAR)-2014-9-244] [REFERRED TO]
SURESH KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-10-124] [REFERRED TO]
VASANT SAMPAT DUPARE VS. STATE OF MAHARASHTRA [LAWS(SC)-2014-11-75] [REFERRED TO]
MANISH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-11-129] [REFERRED TO]
PARVEZBHAI NAVINBHAI RANA VS. STATE OF GUJARAT [LAWS(GJH)-2015-4-323] [REFERRED TO]
KRISHNA S/O RAMRAO RIDDE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2017-8-21] [REFERRED TO]
BHIM SINGH VS. STATE [LAWS(DLH)-2015-1-298] [REFERRED TO]
CHHOTTEY LAL VS. STATE [LAWS(ALL)-2018-10-172] [REFERRED TO]
HETRAM NAYAK VS. STATE OF CHHATTISGARH [LAWS(CHH)-2024-2-85] [REFERRED TO]
ASHUTOSH KAITHWAS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-11-108] [REFERRED TO]
DEEPAK @ NANHU KIRAR VS. STATE OF M.P. [LAWS(MPH)-2020-2-8] [REFERRED TO]
IN REFERENCE; RAVISHANKAR @ BABA VISHWAKARMA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2016-12-133] [REFERRED TO]
KALUA AND ORS. VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-257] [REFERRED TO]
IN REF. RECEIVED FROM SESSIONS JUDGE, NARSINGHPUR(M.P.) VS. ARVIND ALIAS CHHOTU THAKUR [LAWS(MPH)-2014-7-275] [REFERRED TO]
JITENDER KUMAR VS. STATE OF H P [LAWS(HPH)-2016-9-264] [REFERRED]
STATE OF GUJARAT VS. SAMBHUBHAI RAISANGBHAI PADHIYAR [LAWS(GJH)-2019-4-92] [REFERRED TO]
PRABHAT SINGH VS. STATE [LAWS(DLH)-2014-7-338] [REFERRED TO]
STATE OF MAHARASHTRA VS. ANIL [LAWS(BOM)-2014-7-47] [REFERRED TO]
STATE OF CHHATTISGARH VS. DIGAMBER VAISHNAV [LAWS(CHH)-2015-4-31] [REFERRED]
THIPPARAM CHINNA RAMULU VS. THE STATE OF ANDHRA PRADESH [LAWS(APH)-2017-12-5] [REFERRED TO]
BANDENAVAZ VS. STATE OF KARNATAKA [LAWS(KAR)-2023-10-92] [REFERRED TO]
CHANDRAKANTH VS. STATE OF KARNATAKA [LAWS(KAR)-2022-3-27] [REFERRED TO]
DILESH NISHAD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-8-40] [REFERRED TO]
MACHARLA RAMESH VS. STATE OF TELENGANA [LAWS(TLNG)-2022-4-128] [REFERRED TO]
IN REFERENCE [RECEIVED FROM SPECIAL JUDGE, COURT OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, DISTRICT SHAHDOL (M P )] VS. VINOD ALIAS RAHUL CHOUHTHA [LAWS(MPH)-2018-8-60] [REFERRED TO]
STATE OF MADHYA PRADESH VS. WARIS [LAWS(MPH)-2019-11-183] [REFERRED TO]
SURYABHAN SINGH GOND @ CHHOTKAWA VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-3-231] [REFERRED TO]
JASWINDER SINGH AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-7-334] [REFERRED TO]
BHAGWAN SINGH VS. STATE OF M.P. [LAWS(MPH)-2017-12-69] [REFERRED TO]
STATE OF U.P. VS. GOVIND PASI [LAWS(ALL)-2022-10-18] [REFERRED TO]
MITHLESH KUMAR KUSHWAHA VS. STATE [LAWS(DLH)-2015-9-421] [REFERRED TO]
VISHNU VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-2-81] [REFERRED TO]
JUDGEMENT
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(1.)We are, in this case, concerned with the gruesome murder of a 22 year old girl by name Diana Clare Routley (hereinafter referred to as "Diana"), a New Zealander, for which the trial Court awarded death sentence to the appellant, which was affirmed by the High Court.
(2.)Diana came to India as a visitor in the year 1997. After visiting Agra, she reached Varanasi on 7.8.1997 and stayed in room no. 103 of the Old Vishnu Guest House, Varanasi. She left the guest house on 10.8.1997 at about 7.00 a.m. for Darjeeling by train from Varanasi Cantt. Railway Station. Later, she was found missing and her father Allan Jack Routley, having got no information about his daughter, informed the authorities about the missing of Diana. Raghvendra Singh, SHO, Police Station, Laksa, along with a team of police officials, made inquiries, but she could not be traced. Later, it was revealed that one Dharam Deo Yadav, a tourist guide, accused herein, had some contacts with Diana and the police team then submitted its report to the Superintendant of Police (City), Varanasi on 24.4.1998, which reads as follows:
"Dear Sir,
Re: Re Diana Clare Routley, aged 25 years
I write in connection with the disappearance of my daughter, Diana Clare Routley last seen in Varanasi on Aug. 10th, 1997. She had arrived in Varanasi on the morning of Aug. 7th, 1997. She was staying at Old Vishnu Guest House. She last had contact with her family on Aug. 8th, 1997 when I rang her at Old Vishnu Guest House and she wrote a letter to me. Since then her family and friends have had no contact.
The person we suspect that could be involved in her disappearance is Dharam Dev Yadav who is a local guide in Varanasi and work for Old Vishnu Guest House. If he is not involved in her disappearance he certainly knows something of her movements on the day she disappeared."
(3.)Allan Jack Routley later came to India and lodged a written first information report (Exh. Ka-34) naming the accused Dharam Deo Yadav as suspect on 28.07.1998 at about 4.45 pm at P.S. Bhelupur, District Varanasi.
Crime No. 254/98 was then registered under Section 366 IPC. PW-14, Anil Kumar Rai, SHO, P.S. Shivapur, Varanasi got an information that the accused, on 19.8.1998, would reach Shivpur railway station at Varanasi. PW-14 found out the accused at the railway station and interrogated him. Accused confessed that he had committed the murder of Diana and also named the co-associates Kali Charan Yadav, Sindhu Harijan and Ram Karan Chauhan.
The accused, accompanied by PW-14 and 15, PS Bahariyabad, Ghazipur (Indra Kumar Mandal, Sub-Inspector), went to his house situated at Village Brindaban, District Ghazipur and he, with his key, opened the lock of his house and pointed out the place where the dead body of Diana was buried after causing her death by way of strangulation. Accused was asked to dig the spot and excavate the dead body of Diana, which he did by spade and the body remains (Skeleton) was found. PW-14 then arrested him on 19.08.1998 and, on his disclosure, other three persons, said to have been involved in the incident, were also arrested by PW-14 on 19.08.1998. Inquest on the skeleton was prepared by PW-15 on the direction given by PW-16 Rajendra Pratap Singh, SDM, Tehsil Jakhaniya, District Ghazipur. After completing the investigation, police arrested Kali Charan Yadav, Sindhu Harijan, Ram Karan Chauhan, Kesar Yadav and Mahesh Chandra Mishra on 19.08.1998 and submitted charge-sheets Ex. Ka40 and Ka41 for the offences under Sections 366, 302, 201, 394 of the Indian Penal Code. Post-mortem examination of the skeleton was done by a team of Doctors, consisting of Dr. R.B. Singh, Dr. S.K. Tripathi and Dr.V.K. Gupta on 20.08.1998, the report of which is Exh. Ka-18.
(2.)Diana came to India as a visitor in the year 1997. After visiting Agra, she reached Varanasi on 7.8.1997 and stayed in room no. 103 of the Old Vishnu Guest House, Varanasi. She left the guest house on 10.8.1997 at about 7.00 a.m. for Darjeeling by train from Varanasi Cantt. Railway Station. Later, she was found missing and her father Allan Jack Routley, having got no information about his daughter, informed the authorities about the missing of Diana. Raghvendra Singh, SHO, Police Station, Laksa, along with a team of police officials, made inquiries, but she could not be traced. Later, it was revealed that one Dharam Deo Yadav, a tourist guide, accused herein, had some contacts with Diana and the police team then submitted its report to the Superintendant of Police (City), Varanasi on 24.4.1998, which reads as follows:
"Dear Sir,
Re: Re Diana Clare Routley, aged 25 years
I write in connection with the disappearance of my daughter, Diana Clare Routley last seen in Varanasi on Aug. 10th, 1997. She had arrived in Varanasi on the morning of Aug. 7th, 1997. She was staying at Old Vishnu Guest House. She last had contact with her family on Aug. 8th, 1997 when I rang her at Old Vishnu Guest House and she wrote a letter to me. Since then her family and friends have had no contact.
The person we suspect that could be involved in her disappearance is Dharam Dev Yadav who is a local guide in Varanasi and work for Old Vishnu Guest House. If he is not involved in her disappearance he certainly knows something of her movements on the day she disappeared."
(3.)Allan Jack Routley later came to India and lodged a written first information report (Exh. Ka-34) naming the accused Dharam Deo Yadav as suspect on 28.07.1998 at about 4.45 pm at P.S. Bhelupur, District Varanasi.
Crime No. 254/98 was then registered under Section 366 IPC. PW-14, Anil Kumar Rai, SHO, P.S. Shivapur, Varanasi got an information that the accused, on 19.8.1998, would reach Shivpur railway station at Varanasi. PW-14 found out the accused at the railway station and interrogated him. Accused confessed that he had committed the murder of Diana and also named the co-associates Kali Charan Yadav, Sindhu Harijan and Ram Karan Chauhan.
The accused, accompanied by PW-14 and 15, PS Bahariyabad, Ghazipur (Indra Kumar Mandal, Sub-Inspector), went to his house situated at Village Brindaban, District Ghazipur and he, with his key, opened the lock of his house and pointed out the place where the dead body of Diana was buried after causing her death by way of strangulation. Accused was asked to dig the spot and excavate the dead body of Diana, which he did by spade and the body remains (Skeleton) was found. PW-14 then arrested him on 19.08.1998 and, on his disclosure, other three persons, said to have been involved in the incident, were also arrested by PW-14 on 19.08.1998. Inquest on the skeleton was prepared by PW-15 on the direction given by PW-16 Rajendra Pratap Singh, SDM, Tehsil Jakhaniya, District Ghazipur. After completing the investigation, police arrested Kali Charan Yadav, Sindhu Harijan, Ram Karan Chauhan, Kesar Yadav and Mahesh Chandra Mishra on 19.08.1998 and submitted charge-sheets Ex. Ka40 and Ka41 for the offences under Sections 366, 302, 201, 394 of the Indian Penal Code. Post-mortem examination of the skeleton was done by a team of Doctors, consisting of Dr. R.B. Singh, Dr. S.K. Tripathi and Dr.V.K. Gupta on 20.08.1998, the report of which is Exh. Ka-18.
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