( 1 ) THE above two appeals are filed against the judgment and order dated 24-2-2003 passed by district and 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 Hou