New Delhi (Agency): The High Court (HC) of Karnataka has made a significant ruling, stating that squeezing another person’s testicles during a fight cannot be categorized as an ‘attempt to murder.’ The court differed with the Trial Court’s decision to convict a 38-year-old man for causing grievous hurt and instead reduced the sentence from seven years imprisonment to three years.
In its reasoning, the HC emphasized that the accused had no intention of causing the victim’s death and that the injury occurred during the course of a fight. The court highlighted that the accused did not come prepared with deadly weapons, which would have been indicative of an intent to commit murder.
“While he chose to target the testicles, a vital part of the body that could cause death, it cannot be said that the accused attempted to commit murder with premeditation. The injury caused can be classified under Section 324 of IPC, which pertains to causing grievous hurt by inflicting injury to a vital body part,” stated Justice K Natarajan in the recent judgment.
According to the complaint lodged by the victim, Omkarappa, the incident took place during a village fair when the accused, Parameshwarappa, arrived on a motorcycle and initiated a quarrel. During the ensuing fight, Parameshwarappa squeezed Omkarappa’s testicles, causing grievous injury. Following a police inquiry and trial, Parameshwarappa was convicted and sentenced.
Parameshwarappa, a resident of Mugalikatte in Kadur, Chikkamagaluru district, appealed his conviction to the HC, challenging the Trial Court’s decision. The HC, after considering the appeal filed in 2012, disposed of the case earlier this month.
While the HC recognized the grievous injury caused to the victim, it emphasized that the intent of the accused did not amount to an ‘attempt to murder.’ This ruling sets a precedent in determining the severity of such actions during fights, taking into account the absence of premeditation to cause death.
