JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. Simdega PS Case No. 69 of 2012 was lodged on 01.06.2012 under Sections 302/201 and 120-B of the Indian Penal Code, on the basis of the written report of David Sunil Kumar Minj.

2. Sunit Beck, Mariana Tigga @ Marium and Patrick Beck have faced the trial in ST No. 207 of 2012 on the charge of committing murder of Jasinta Minj in the intervening night of 31.05.2012/01.06.2012.

3. By the judgment dated 15.12.2014, the learned Additional Sessions Judge, Simdega has convicted and sentenced Sunit Beck, Mariana Tigga and Patrick Beck to RI for life and a fine of Rs. 10,000/- each under section 302 of the Indian Penal Code, with default stipulation to undergo further sentence of RI for 1½ years. The accused were further convicted and sentenced to RI for 7 years and a fine of Rs. 5000/- each under section 201 of the Indian Penal Code and RI for 14 years and a fine of Rs. 5000/- each under section 120-B of the Indian Penal Code - all the sentences are ordered to run concurrently.

4. The convict Patrick Beck who had preferred Cr. Appeal (DB) No. 85 of 2015 died on 11.07.2018 and since there was no application for substitution filed by the legal heirs/ successors of Patrick Beck, Cr. Appeal (DB) No. 85 of 2015 was dismissed as not pressed vide order dated 20.04.2021.

5. In his written report, David Sunil Kumar Minj who is the elder brother of Jasinta Minj has stated that his sister was married to Sunit Beck on 17.01.2006 and soon after the marriage his sister informed him that her husband has illicit relationship with Mariana Tigga, her neighbour. Due to his extra-marital affair Sunit Beck would frequently abuse and assault his sister and called her banjh (issue-less) because she could not bear child. The informant has further alleged that he, his father, brother and nephew had visited the matrimonial house of his sister several times to reason with Sunit Beck, however, he did not amend his ways and continued to inflict various acts of harassment and torture upon his sister. On 30.05.2012, at about 02:00 P.M. his sister informed him that after she returned from anganbadi centre and found her husband talking to Mariana Tigga. When she protested to her husband about his relations with Mariana Tigga her husband thrashed her on the ground and assaulted her. The next day, at about 08:00 A.M. his sister informed him that a panchayati was convened at 12:00 noon regarding relationship of her husband and Mariana Tigga and in the said meeting both apologized and promised not to continue with her relationship with Sunit Beck. The same night they committed murder of his sister and in the early hours next day informed him that his sister Jasinta Minj has committed suicide by hanging herself in the well. During the investigation the informant and his other family members made statements before the police regarding ill-treatment of Jasinta Minj at the hands of her husband and father-in-law and they spoke about illicit relationship of Sunit Beck and Mariana Tigga. The co-villagers of Sunit Beck also stated before the police about illicit relationship between Sunit Beck and Mariana Tigga and that a panchayati was convened in the village on this issue. After the investigation a charge-sheet was laid in the Court against Sunit Beck on 28.08.2012 under sections 302, 201 and 120-B of the Indian Penal Code. Subsequently, a charge-sheet was submitted against Mariana Tigga @ Marium and Patrick Beck on 10.05.2013 for the aforesaid offences. The charges were framed against the accused Sunit Beck on 23.01.2013 in ST No. 207 of 2012 and against the accused Mariana Tigga and Patrick Beck on 01.08.2013 in ST No. 123 of 2013, and the records of ST No. 123 of 2013 were amalgamated in ST No. 207 of 2012 vide order dated 01.08.2013.

6. During the trial the prosecution has examined twelve witnesses to prove the charge under sections 302/201 and 120-B of the Indian Penal Code against the accused, out of which PW-1 Emil Tigga who is husband of