JUDGMENT

K.S. Radhakrishnan, J.

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 connect