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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."

4. After the registration of the report, investigation of the case commenced. On 19.8.98 P.W.I4 Anil Kumar Rai, S.H.O., P.S. Shivpur, Varanasi received information that Dharam Deo Yadav would reach Shivpur railway station .The information was registered in G.D. No. 7 of the police station. He interrogated Dharam Deo Yadav and he confessed to have committed the murder of Diana and buried her in his room and on his pointing out her skeleton was recovered buried under the floor of his house (Ex. Ka 6). The skeleton was subsequently identified as of Diana. Thereafter P.W. 14 Anil Kumar Rai arrested him and on his disclosure complicity of Kali Charan Yadav, Sindhu Harijan and Ram Karan Chauhah was known and they were also arrested by P.W. 14. The inquest on the skeleton was prepared by Indra Kumar Mandal, Station Officer, P.S. Bahariyabad, Ghazipur on the dictation of P.W. 16 Rajendra Pratap Singh, S.D.M., Tehsil Jakhaniya, District Ghazipur. 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 20.8.1998 at 4.00 P.M. Post-mortem report is Ext. Ka. 18. Kali Charan Yadav got recovered a shirt, jeans and telescope on 3.9.1998. A pair of shoes allegedly belonging to Diana was recovered from the shop of Shiv Stiattkat Lal and a recovery memo Ext. Ka. 37 was prepared. On the information of arrested accused Kesar Yadav, one bag of black colour was recovered. One sleeping bag and one automatic camera were recovered and recovery memo is Ext. Ka. 35. Kesar Yadav had also transferred a cheque of American dollars to accused Mahesh Chandra Mishra and he was also arrested.

23. P.W. 16, Rajendra Pratap Singh, deposed that in the month of August, 1998 he was posted as Sub Divisional Magistrate, Tehsil Jakhania, district Ghazipur. On 19.8.1998 he had received an order Of the District Magistrate through police station Bahariyabad to prepare the inquest memo of the recovered dead body in village Vrindaban. He had received this information at 2.00 O'clock. He reached village Vrindaban at 3.30 P.M. In a room of the house of Dharam Deo Yadav there was a pit in the eastern-northern corner, a skeleton was lying there. The pit was 5 x 5 feet in length and 2 x 3 feet in width. He met S.H.O. Bahariyabad, Indra Kumar Mandal there. He had shown the skeleton in the room. He had started the inquest proceedings at 4.00 P.M. On his dictation Indra Kumar Mandal had prepared the inquest memo. The skeleton was also taken out from the pit and kept outside the house. He further deposed that at the place of occurrence he was informed that one accused was arrested and for arresting the remaining accused the police of Varanasi was deputed. The police of Varanasi had brought 2-3 accused after their arrest from the village. Dharam Deo Yadav was also arrested. The skeleton was kept in wooden box and sealed. Photo lash and challan lash were also prepared and they are Exts. Ka. 13, Ka. 14 and Ka. 15.

44. It is also necessary to point out that during the trial the identity of the photograph was not challenged.

RECOVERY OF SKELETON

45. The next circumstance is recovery of skeleton under Section of the Evidence Act on the pointing out of appellant from his house. P.W. 14, S.H.O., Anil Kumar Rai had interrogated Dharam Dev Yadav on 19.8.1998. He had confessed to have committed the murder and further disclosed that he could get the dead body of Diana recovered from the place in his village where it is hurried. P.W. 14 had informed the higher authorities and proceeded to the village alongwith him. Dharam Dev Yadav picked out a key from his pocket and opened the lock of the main door of his house and pointed out a place inside the room where the dead body of Diana was burried. Dharam Dev Yadav dug the floor and after a short dig a skeleton was visible. Thereafter Dharam Dev Yadav was taken into custody. Recovery memo of skeleton was prepared which is Ext. Ka. 6. The inquest memo was prepared. P.W. 15, Indra Kumar Mandal, had also supported the recovery of skeleton on the pointing out of Dharam Dev Yadav. He stated that Anil Kumar Rai, P.W. 14, came to P.S. Bahariyabad, Ghazipur, delivered a written report disclosing information that accused Dharam Dev Yadav has given inforfmation that dead body of a foreign lady lies buried inside his house. This fact was mentioned in G.D. which are Exts. Ka. 9 and 10. They had also accompanied Anil Kumar Rai, P.W. 14, and skeleton was recovered on his pointing out. P.W. 16, S.D.M., Jakhaniya also stated that he had received information through police station Bahariyabad that District Magistrate, Ghazipur, had directed him for completing and preparing inquest memo on a dead body recovered. He reached village Vrindaban at 3.30 P.M. and saw skeleton lying inside the room of house of Dharam Dev Yadav. He dictated while S.O. Indra Kumar Mandal had prepared the Panchayatnama in his writing. He further stated that the skeleton was taken out of the pit and placed before the house of accused. After the preparation of photonash, challan nash Ext. Ka. 13 to 15 were prepared and skeleton was sent for post-mortem alongwith letter to C.M.O. Ghazipur. P.W. 17, Con. Ram Sinhasan Singh, stated that he alongwith Sunil Kumar Rai went to village Vrindaban to the house of Dharam Dev Yadav and saw S.H.O. Indra Kumar Mandal and R.P. Singh present there. He had handed over Jild Panchayatnama to his station house officer. He further stated that he saw a skeleton in a pit inside the room of Dharam Dev Yadav. He had delivered the skeleton at the mortuary alongwith all the relevant papers to a team of doctors. P.W. 18, Con. Patehswar Lal also deposed that he had taken photographs of the skeleton which was placed inside the room of Dharam Dev Yadav. P.W. 22 Lal Bachan Prajapati, had also taken photographs of the recovery of a skeleton. Thus, the evidence on record fully establishes that the skeleton was recovered on the pointing out of the appellant.

IDENTITY OF THE SKELETON

46. The identity of the skelton is established by the evidence of P.W. 20 Dr. C.B. Tripathi and P.W. 21 Dr. G.V. Rao.

47. Firstly, it is to be noted that the skeleton was recovered buried inside the house which was in exclusive possession of the appellant.The recovery of skeleton is in pursuance to his diclosure statment made under Section 27 of the Evidence Act. The medical evidence with regard to fixing the identity of the skeleton is furnished by P.W.20 Dr.C.B.Tripathi, Professor & Head of the Department of Forensic Medicine, I.M.S., B.H.U., Varanasi, who had conducted the post mortem examination of skeleton on 30.8.98 at 12.30 p.m. He had prepared the post mortem examination report Ext.Ka.28. According to this report the body parts were human and of a single individual belonged to the caucasion race, aged about 24 years, height about 161 cm. and of a female He had also conducted personal identification by super imposition technique. The photograph of Diana was obtained from S.S.P., Varanasi (Ex.1) from which a black and white photograph (Ex.2) was made. The photograph of skull alongiwth mandible was taken (Ex.3) by minutely adjusting the same angle and distance from which photograph of face (Ex.2) was taken and negative of skull (Ex/3) was precisely adjusted then super imposed photograph was taken firstly 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 compared and was found that they matched and coincidence exactly establishing that the skull belonged to the photograph of the individual.