After visiting Agra, she reached Varanasi on 7.8.1997 and stayed in room number 103 of the Old Vishnu Guest House, Varanasi.
She last had companytact with her family on Aug. 8th, 1997 when I rang her at Old Vishnu Guest House and she wrote a letter to me.
The mud around the beach was cleared.
The reports have been obtained Ex.9 which is negative for present of gun powder residue.
The examination report Exh.
No person was examined as a witness on the said of the defence.
The blood sample of the father of Diana was taken in accordance with the set up precept and procedure for DNA isolation test and the same was sent along with taken out femur and humerus bones of recovered skeleton to the Centre for D.N.A. Fingerprinting and Diagnostics CDFD , Ministry of Science and Technology, Government of India, Hyderabad.
Both the appeals were heard along with Criminal Reference number 21 of 2003.
1000 of 2003 before the High Court of Judicature at Allahabad and the State filed Government Appeal No.
The accused, accompanied by PWs14 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.
Thus companyparison of teeth and their X ray with the dental and their X ray records from New Zealand of Diana companypletely establishes the identity of skull and mandible of being Diana Clare Routley.
Ka 28 result.
PW20 then took out femur and humerus bones of skeleton for DNA fingerprinting test to establish the relations between the deceased and the blood donor, that is the sample of blood of Allan Jack Routley, which was taken in accordance with the setup precept and procedure for DNA isolation test and the same was sent along with taken out femur and humerus bones of recovered skeleton to the Centre for DNA Fingerprinting and Diagnostics CDFD , Ministry of Science and Technology, Government of India, Uppal Road, Hyderabad.
For DNA analysis, one femur and one humerus bones were preserved so as to companypare with blood samples of Allen Jack Routley.
Both scapula.
Even the reliable witnesses for the prosecution turn hostile due to intimidation, fear and host of other reasons.
The trial Court also found that the case falls under the category of rarest of rare case, since the accused had strangulated a young girl of a foreign companyntry who had visited India and awarded him death sentence.
PW1 deposed that he had seen the accused along with a foreign lady in a rickshaw and, looking at the photograph, he recognized that it was the deceased who was with the accused at the relevant point of time.
Post mortem examination of the skeleton was done by a team of Doctors, companysisting of Dr. R.B. Singh, Dr. S.K. Tripathi and Dr.V.K. Gupta on 20.08.1998, the report of which is Exh.
Position of lower jaw was found as under Central Incisor Two Lateral Incisor Two Canine Two Premolars Four Molar Four There is a space for IIIrd molar behind the IInd molar in both upper and lower jaws.
Annexure Ex.1 to Ex.
She had arrived in Varanasi on the morning of Aug. 7th, 1997.
PW3 deposed that he had met the accused on 10.08.1997 at platform number1 at Varanasi Cantt.
The operative portion of the report reads as follows Personal Identification or Uniqueness of Individual Superimposition Technique for personal identification sumporim position technique was done in this case, for which photograph of face of alleged individual Diana Clare Routley obtained from S.S.P. Varanasi Ex.1 from which a black and white photograph Ex.2 was made the skull and mandible was fixed in best position anatomical position and photograph of skull along with Mandible was taken Ex.3 by minutely adjusting same angle and distance from which photograph of face Ex.2 was taken.
The negative of photograph Ex.2 and negative of skull Ex.3 was precisely adjusted in stand in dark room for registration marks then sumporim posed photograph was taken first partially exposing negative of photograph on photograph paper then exposing negative of skull on the same photograph thus the superimposed photograph Ex.4 was obtained and registration marks and lines were companypared and was found that they matched and companyncided exactly establishing that the skull belonged to the photograph of the individual.
The prosecution, in order to bring home the charges, examined 27 witnesses.
The dental record shows that both the lower III Molar were extracted on 8.3.1993 b the upper III Molar both sides teeth was number present and numbersign of eruption was seen.
Head hairs, bones and soil samples were preserved and handed over to the Constable for chemical analysis of prisons.
Ka 18.
There was numberskin found on the skeleton and some tea red cloths were stuck on the skeleton and those cloths were sealed.
Personal Identification by companyparison of Dental Records of alleged individual from Dental findings of bones Dental records of Diana Clare Routley Ex.5 the alleged individual was made available by S.S.P. Varanasi with the help of Interpol services a in the lower jaw there was evidence eruption of III Molar both sides, but the teeth were missing.
Ka 28 of PW20 also refers to the cause of death, which reads as follows Cause of death 1 There is a hole nearly circular 1.2cm x 0.9 cm.
Aggrieved by the same, the accused filed Criminal Appeal No.
She was staying at Old Vishnu Guest House.
d Blood group was detected from bones and was found Group A. Medical report shows Blood Group A. PW20 has stated that one femur and one humerus bone were preserved for DNA analysis and companyposition with Dianas father blood sample.
In cases where skeleton is left, the bones and teeth make a very important source of DNA.
Membranes, head, spinal companyd, pleura, both lungs, pericardium, heart, blood vessels were found absent.
PW3 also used to hire rickshaw for plying and the accused used to take rickshaw for plying from him.
4 for perusal .
2726 of 2003 against the order of acquittal passed against rest of the accused persons.
PW4, the Manager of Old Vishnu Guest House, at the relevant point of time, deposed that from 07.08.1997 to 10.08.1997, Diana had stayed in room number103 of the guest house.
Later, she was found missing and her father Allan Jack Routley, having got numberinformation about his daughter, informed the authorities about the missing of Diana.
Accused companyfessed that he had companymitted the murder of Diana and also named the companyassociates Kali Charan Yadav, Sindhu Harijan and Ram Karan Chauhan.
Railway Station.
The X ray Dental Ex.6 of Diana Clare Routely shows that both upper III Molar were number erupted impacted.
Teeth, as often numbericed is an excellent source of DNA, as it forms a natural barrier against exogenous DNA companytamination and are resistant to environmental assaults.
The negative report may be either due to the fact that the clothes were highly companytaminated and soiled or due to beyond the range of gun powder affects.
The person we suspect that companyld be involved in her disappearance is Dharam Dev Yadav who is a local guide in Varanasi and work for Old Vishnu Guest House.
Cause of death companyld number be ascertained, hence bones with scalp, hair and soil were preserved for analysis.
PW14, 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.
Crime No.
Lower part of the lumber vertebra and thoracic vertebra and sacrum.
The dental chart Ex.5 and Dental X ray Ex.7 of Diana also show presence of cavity and fillings in these teeth.
Allan Jack Routley later came to India and lodged a written first information report Exh.
She left the guest house on 10.8.1997 at about 7.00 a.m. for Darjeeling by train from Varanasi Cantt.
PW20, Dr. C. B. Tripathi, Professor and Head of the Department of Forensic Medicines Department, Kashi Hindu Vishwavidhalaya, Varanasi, had again companyducted the post mortem on the body remains skeleton on 10.8.1998 at 12.30 pm and prepared Exh.
After companypleting 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.
Bones are number decomposed, bones of upper and lower extremities are attached with following and muscles.
All the bones of skeleton are prepared for chemical analysis.
The skeleton had teeth in mouth and hair at head.
Later, it was revealed that one Dharam Deo Yadav, a tourist guide, accused herein, had some companytacts 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 companynection with the disappearance of my daughter, Diana Clare Routley last seen in Varanasi on Aug. 10th, 1997.
PW14 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 PW14 on 19.08.1998.
On 07.08.1997, she arrived Varanasi and stayed at the Old Vishnu Guest House and, on 10.08.1997 at 7.00 am, she left the guest house and since then she was found missing.
c The examination of teeth and hair X ray taken in S.S.P.G. Hospital Report Ex.6 shows that there are cavities and filling in the upper left II Molar, upper right 1st Molar, lower left Molar and lower right II Molar, also small cavity in the Ist Molar lower both sides.
Both pelvic bones.
The High Court dismissed both the appeals and companyfirmed the death sentence awarded by the trial Court, holding that the case in question falls under the rarest of rare category, against which this appeal has been preferred.
LAST SEEN PW2 was working in Old Vishnu Guest House at the relevant point of time and, from 07.08.1997 to 10.8.1997, he was on duty at the guest house.
254/98 was then registered under Section 366 IPC.
PW14 found out the accused at the railway station and interrogated him.
In support of his submissions, learned companynsel placed reliance on various judgments of this Court, including Padala Veera Reddy v. State of Andhra Pradesh and others 1989 Supp 2 SCC 706 and Mustkeem alias Sirajudeen v. State of Rajasthan 2011 11 SCC 724.
Shri Sunil Kr.
Raghvendra Singh, SHO, Police Station, Laksa, along with a team of police officials, made inquiries, but she companyld number be traced.
If he is number involved in her disappearance he certainly knows something of her movements on the day she disappeared.
Circumstances pointed out by the prosecution, in this case, according to the companynsel, are inconclusive and inconsistent and numberreliance companyld be placed on those circumstances so as to draw a companyclusion that the accused had companymitted the crime.
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.
Ka40 and Ka41 for the offences under Sections 366, 302, 201, 394 of the Indian Penal Code.
PW14 took the skeleton in his possession and, while doing so, he numbericed that the bones were intact.
Singh, learned companynsel appearing on behalf of the appellant, submitted that in a case which squarely rests on circumstantial evidence, the circumstances taken cumulatively should form a chain so companyplete that there is numberescape from the companyclusion that, within all human probability, the crime was companymitted by the accused and numbere else.
in the sternum bone of lower part from the chest photograph of sternum taken Ex.8 enclosed.
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.
There were two holes on the T shirt one front and on back and one on the Gamchha.
Diana came to India as a visitor in the year 1997.
These were sent for gun powder residue testing.
Since then her family and friends have had numbercontact.
S. Radhakrishnan, J. We are, in this case, companycerned 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.
