Imtiyaz Murtaza, J. - (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, Section 302/34 I.P.C. and sentenced to death, under Section 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 Section 366 I.P.C. The report is reproduced below. "Dear Sir, Re.: Re Diana Clare Routley, aged 25yr. 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 he involved in her disappearance is Dharam Dev Yadav who is a local guide in Varanasi and worked 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.";