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* 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 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 observed as under :

“13. I have heard the counsel for the parties and marshalled the evidence on record. The entire case of the prosecution swirls around the circumstantial evidence. Ld counsel for the parties have discussed the following circumstances before me. I will decide these circumstances one by one.

1. Seizure of knife in question and blood stained clothes from the houses of Gurdeep Kaur and Amandeep Singh.

2. Conduct and explanation of the accused.

3. Defence of the accused.

4. Motive.

5. Recovery of dead body at the spot.

6. Delay in lodging FIR and delay in delivering its copy to the concerned MM.

I. Seizure of knife in question and blood stained clothes from the houses of Gurdeep Kaur and Amandeep Singh.

The ld defence counsel vehemently argued that the abovesaid recoveries do not stand proved. The key argument urged by the ld defence counsel was that, although, the CFSL report found human blood on the knife and other articles, yet it failed to determine the blood grouping or the origin of the blood. It was also pointed out that human blood too, was found only on few articles. In order to understand her point clearly, it would be worthwhile to reproduce the result given by CFSL in Ex. PW20/G2 as here under:-

Exhibits

Species of Origin

ABO Group/Remark

' 1' Gauze cloth piece

Human

'B' Group

'2' Earth

No Reaction

---

'3' piece of leaf

Human

'B' Group

'4'Earth

No Reaction

---

'5' piece of leaf

Human

'B' Group

'6'Earth

No Reaction

---

'7'Piece of cemented material

Human

Inconclusive

'8' Concrete material

No Reaction

---

'9' Concrete material

No Reaction

---

'10' Concrete material

Human

Inconclusive

'11’ Gauze cloth piece

Human

'B' Group

‘S-2’ Pants

Human

'B' Group

'S-4a' Sweater

Human

'B' Group

'S-4b' T-shirt

Human

'B' Group

'S-5' Gauze cloth piece

Human

'B' Group

'Q-2' Shawl

Human

No Reaction

'Q-3' Cloth piece

Human

Inconclusive

'Q-4' Trousers

Human

'B' Group

'Q-6' Upper tack suit

Human

'B' Group

'Q-8' Shirt

Human

'B' Group

'Q-9' Knife

Human

'B' Group

'Q-10' Shoe

Human

'B' Group

The ld defence counsel argued that the B blood grouping found on the abovesaid articles do not connect accused persons with the crime. She also pointed out that S-2 pants, S4a Sweater, S4b T-shirt, S-5 gauge cloth piece, relate to the clothes of deceased Deepak Kapoor

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