Squeezing someone's testicles during a fight not attempt to murder: Karnataka HC
According to the judge, the altercation between the accused and the complainant occurred spontaneously. In the midst of this dispute, the accused opted to squeeze the testicles, making it implausible to contend that he had arrived with the intent or premeditation to commit murder.
FollowThe Karnataka High Court has made a significant ruling, stating that squeezing someone's testicles during a fight cannot be considered an 'attempt to murder'.
This decision contrasts with the trial court's verdict, which had convicted a 38-year-old man for causing grievous hurt in relation to such an incident. Additionally, the High Court reduced the accused's sentence from seven years of imprisonment to three years.
The high court justified its stance by highlighting that the accused had no intention of killing the victim and that the injury occurred during the course of a fight.
According to the court, the quarrel between the accused and the complainant took place on the spot. During this quarrel, the accused chose to squeeze the testicles. Therefore, it cannot be argued that the accused had come with the intention or preparation to commit murder. If he had indeed planned or attempted murder, he would have brought deadly weapons with him, the court stated.
The High Court acknowledged that the accused had caused grievous hurt to the victim. While the injury could have resulted in the victim's death, it was not the accused's intention.
In the judgment, Justice K Natarajan noted that although the accused targeted the testicles, which is a vital part of the body and could cause death, the injured party was taken to the hospital, underwent surgery, and had the testicles removed, which constitutes grievous hurt. Therefore, the judge ruled that the accused cannot be said to have attempted to commit murder with intention or preparation.Â
The injury inflicted by the accused falls under Section 324 of the IPC, which pertains to causing grievous injury by squeezing a vital body part, Justice Natarajan said.
According to the victim, Omkarappa, he and others were dancing in front of the 'Narasimhaswamy' procession during a village fair when Parameshwarappa, the accused, arrived on a motorcycle and initiated a quarrel. During the ensuing fight, Parameshwarappa squeezed Omkarappa's testicles, causing grievous injury. After a police inquiry and trial, Parameshwarappa was convicted and sentenced.
Parameshwarappa, a resident of Mugalikatte in Kadur, Chikkamagaluru district, challenged his conviction by the trial court and filed an appeal with the Karnataka High Court.Â
The Trial Court had initially sentenced him to seven years of imprisonment under Section 307 (attempt to murder) of the IPC, one month of imprisonment under Section 341 (wrongful restraint), and one year of imprisonment under Section 504 (insult to provoke). The incident dates back to 2010, and Parameshwarappa's appeal, filed in 2012, was recently disposed of by the High Court.
