STATE OF GUJARAT Vs. SHAMESHER

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 28/9/2021 passed by the learned Sessions Judge, Court No.1, Ahmedabad City in Sessions Case No.49 of 2019 for the offences under sec. 302 of IPC, the applicant - State of Gujarat has preferred this application to grant leave to appeal as provided under sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Briefly stated, it is the case of the prosecution that complainant was residing with his family at Ahmedabad and is running the garment shop viz., National Garment Shop and approximately 15 close acquaintances and relatives are working in the shop. It is the case of the complainant that out of some of the workers, the deceased and accused person were working in the shop and also staying at night in the same place together. It is the case of the complainant that prior to some days of the incident dtd. 21/01/2018, there was an untoward incident amongst the deceased and accused person with regard to the playing music in the shop. That on 22/01/2018, when the complainant went to shop, the shop was locked from outside and since the key was maintained / kept by other workers and after arrival of the worker, he had opened the lock of the shop and found the deceased lying on the floor and therefore, he filed the complaint against the accused person which came to be registered at CR No.I-12 of 2018 with Gomtipur Police Station for the offence punishable under Sec. 302 of the IPC.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence, drawn various Panchnamas and collected expert evidence from the FSL. After having found material against the respondent accused, charge-sheet came to be filed in the Court of learned Additional Chief Metropolitan Magistrate Court No.23, Ahmedabad. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Dhari as provided under sec. 209 of the Code.