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SANJAY KUMAR DWIVEDI
Jiramani Devi – Appellant
Versus
State of Jharkhand – Respondent
Headnote: Read headnote
JUDGMENT :
Heard Mr. Shailesh Poddar, learned counsel appearing for the petitioner, Mr. Manoj Kumar, learned G.A.-III appearing for the State and Mr. Prashant Vidyarthi, learned counsel appearing for the respondent No. 3 (Union of India).
2. This petition has been filed for a direction to hand over the case to CBI or Special Branch of CID Officers for further investigation with regard to the death of the husband of the petitioner namely late Bramhadev Singh.
3. Mr. Poddar, learned counsel appearing for the petitioner submits that on 12.06.2021, about 10-11 tribal men of the Piri Village gathered in front of the house of one Rajeshwar Singh in the morning (around 8 O’clock) to go for hunting as a part of celebrating ‘Nem Sarhul’, an annual tribal celebration widely celebrated by the tribals in the State of Jharkhand. He submits that the tribal villagers as part of the custom and tradition, hunt small animals from the forest like rabbits, boars etc. to feed their guests. He further submits that for hunting they used a ‘bhartua gun’, which is a locally made gun filled with gunpowder before firing and
The main legal point established in the judgment is the court's duty to ensure fair investigation and prosecution, as well as the power of the Constitutional Court to direct re-investigation in excep....
The judgment emphasizes the constitutional right to a fair and just investigation, the duty of the police to act according to law, and the need for a balanced approach between individual rights and s....
The necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
Victim has a fundamental right of fair investigation and fair trial – Mere filing of charge-sheet and framing of charges cannot be an impediment in ordering further investigation/re-investigation/de ....
The accused has no right to dictate the investigating agency or method of investigation, and the plea of alibi must be substantiated with cogent evidence.
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