SUJATA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner stands trial for the offence punishable under Section 306 of Indian Penal Code (for short, IPC ) in S.C.No.123/2016 on the file of the I Additional District and Sessions Judge, Dharwad sitting at Hubballi (for short, the Sessions Court ). The Sessions Court by its impugned order dated 28.12.2018 has rejected the petitioner s application under Section 227 of the Code of Criminal Procedure (for short, Cr.P.C. ) for discharge.

(2.) The learned counsel for the petitioner takes this Court through charge sheet, more specifically the statements of Sri. Naveen Pujari, one of the sons of the deceased Smt.Seema Balachandra Pujari. The learned counsel for the petitioner submits that the prosecution s case against the petitioner is that she runs a chit and the deceased Smt.Seema had invested a sum of Rs.4,00,000/- with the petitioner on the assurance that the petitioner would give her assured returns. The deceased Smt.Seema invested this amount of Rs.4,00,000/- from her own savings and the amounts received on the death of her husband. The petitioner did not repay the amount despite repeated requests; the petitioner told the deceased that she would return the money once her husband returns from Dubai; but later, the petitioner told the deceased Smt.Seema that she would not pay back the amount and she could do anything. The deceased Smt.Seema at the instance of the petitioner, tried to call on the petitioner at her residence in the morning on 15.07.2013 with the hope that the money would be paid. But, the deceased Smt.Seema on finding the petitioner s residence locked, walked across the house in the front, climbed the stairs, doused herself with kerosene and burnt herself to death. The petitioner instigated the deceased Smt.Seema to commit suicide.

(3.) The learned counsel for the petitioner argues that though the initial statement by Sri.Naveen Pujari was in these lines, he later filed another statement with the police stating that the petitioner murdered the deceased Smt.Seema by her dousing with kerosene and lighting her on fire. This statement was again changed by Sri. Naveen Pujari with the subsequent statement on 01.12.2013 wherein, he has stated that his mother committed suicide because she was shocked when she did not find the petitioner in the residence on 15.07.2013.