The Supreme Court Friday stayed a death sentence awarded to a guide for killing a woman tourist from New Zealand at Varanasi in 1997.
A Division Bench of Justice B N Agrawal and Justice A K Mathur admitted a special leave petition filed by convict Dharam Dev Yadav against an Allahabad high court order confirming the death sentence awarded to him.
In his petition filed through advocate Sunil Kumar Singh, Yadav contended that the high court, in its September 30, 2003 order, wrongly confirmed his death sentence as four other accused were acquitted on the basis of the same evidence.
The trial court had convicted Yadav in February 2003 of killing Diana Clare Routley and awarded him capital punishment. However, it had acquited four other co-accused.
The case was registered on a complaint by Diana's father Allan Jack Routley in July 1998, stating that his daughter had not made any contact with the family since August 1997.
Investigation revealed that Diana, who was staying at Old Vishnu Guest House, Varanasi, was last seen at the railway station there with Yadav on August 8, 1998.
Skeleton remains of the deceased was recovered from Yadav's house at Brindavan village of Ghazipur district of Uttar Pradesh.
The police had also recovered the sleeping bag and camera of the deceased from the possesion of other co-accused.