GURDEEP KAUR vs STATE

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15.11.2025 + CRL.A. 874/2004 GURDEEP KAUR .....Appellant Through: Mr. Vivek K. Thakur, Mr. Gagan Oberoi, Ms. Mehak Bedi & Mr. Nirbhay Jha, Advocates. Versus STATE .....Respondent Through: Mr. Aman Usman, APP for the State with Insp Arvind Kumar, PS Mandir Marg. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VIMAL KUMAR YADAV DINESH MEHTA, J. (ORAL) 1. The instant appeal under Section 374 of the Code of Criminal Procedure, 1973 has been filed against the judgment dated 21.09.2004 and the Order on Sentence dated 24.09.2004 in Session Case No. 40/03, passed by the Additional Sessions Judge, New Delhi (hereinafter referred to as “Trial Court”), whereby the accused-Gurdeep Kaur, so also co-accused Amandeep have been convicted and sentenced as under : “2. Keeping in view the facts and circumstances of the case, I sentence the accused to undergo life imprisonment and to pay a fine of Rs. 5000/- each failing which they shall further undergo rigorous imprisonment for six months for the offence u/s 302 read with section 34 IPC. Copy be given to the accused free of costs. File be consigned to the record room.” 2. Learned counsel for the appellant-Gurdeep Kaur, at the outset, submitted that the main accused has since passed away and the appeal of the present appellant alone survives. He, firstly, submitted that the prosecution Signature Not Verified Digitally Signed By:NAVEEN KUMAR CRL.A. 874/2004 Page 1 of 9 Signing Date:19.11.2025 11:21:12 case is based upon circumstantial evidence and so far as the appellant is concerned, the circumstance brought before the Court, was only recovery of shawl and sweater (Article Q-1) as per Recovery Memo (Ex. PW-6/A). The Trial Court vide the impugned judgment has obse