Squeezing testicles in a fight is not ‘attempt to murder’: Karnataka High Court
Karnataka HC said this while differing with a Trial Court which had convicted a 38-year old man for ’causing grievous hurt’ for such an incident
The Karnataka High Court has ruled that squeezing a man’s testicles during a fight cannot be called an “attempt to murder” as it overturned an order of a trial court which had earlier convicted a 38-year-old man.
The Karnataka high court disagreed with the decision of the Trial Court and also reduced the sentence from seven years imprisonment to three years.
The High Court reasoned that the accused had no intention of murdering the victim and the injury was caused during a fight.
“There was a quarrel between the accused and complainant on the spot. During that quarrel, the accused chose to squeeze the testicles. Therefore, it cannot be said that the accused came with an intention or with preparation to commit murder. If at all he has prepared or attempted to commit murder, he could have brought some deadly weapons with him in order to commit murder,” HC said.
“Though he has chosen the testicles which is the vital part of the body which may cause death and the injured was taken to the hospital, also undergone surgery and the testicle was removed which is a grievous hurt. Therefore, I am of the view, it cannot be said that the accused with an intention or preparation had attempted to commit murder. The injury caused by the accused could be brought under Section 324 of IPC by causing grievous injury by squeezing the private part which is the vital part of the body,” Justice K Natarajan said in his recent judgement.
According to the complaint filed by the victim Omkarappa, the incident took place during a village fair when he and others were dancing in front of the ‘Narasimhaswamy’ procession. The accused, Parameshwarappa, arrived at the scene on a motorcycle and initiated a quarrel. During the ensuing fight, Parameshwarappa grievously injured Omkarappa by squeezing his testicles. Following the police investigation and subsequent trial, Parameshwarappa was convicted and sentenced for the crime.
Parameshwarappa, a resident of Mugalikatte in Kadur, Chikkamagaluru district, has approached the High Court (HC) with an appeal challenging his conviction by the trial court in Chikkamagaluru. The trial court had sentenced him to seven years’ imprisonment under Section 307 of the Indian Penal Code (IPC) for attempt to murder, one month imprisonment under Section 341 for wrongful restraint, and one-year imprisonment under Section 504 for insult to provoke.
The incident took place in 2010, and Parameshwarappa was convicted by the trial court in 2012. His appeal, filed in 2012, was disposed earlier this month by the HC.
