While overturning the order of a trial court, Justice K Natarajan of Karnataka HC has pronounced that squeezing a man’s testicles during a cannot be labeled as an ‘attempt to murder’. The accused was previously convicted of a jail term of seven years which was reduced to three years by the HC.
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The HC highlighted the fact the accused had no intention of killing the victim and that the injury was merely an outcome of the fight.
The HC stated that the accused chose to squeeze the testicles of the complainant during the fight and it cannot be said that the accused and any prior intention to commit murder. If that would have been the case, he would have carried some deadly weapons along to commit the crime. Furthermore, the court stated that the death of the complainant was caused by the injury inflicted upon him by the accused, and undoubtedly, the accused had caused grievous hurt to the victim.
Brief facts of the case:
As per the complaint the victims and others were enjoying a dance at the ‘Narasimhaswamy’ procession in a village fair when the Parameshawarappa, aged 38 years, a resident of Mugalikatte village in Kadur taluk of Chikkamagaluur district, came on a motorcycle and picked up a fight. It was during the fight the accused squeezed the testicles of the victim Omkarappa, causing him grievous hurt and subsequently, leading to his death during the treatment. The said incident took place on 15th March 2010 and the trial convicted the accused in 2012.
Parameshawarappa challenged the trial court’s order on the grounds that the doctors who treated the victim never mentioned that the injury caused to him was life-threatening. According to the accused, there was a huge crowd at the temple procession and anyone could have squeezed Omkarappa’s testicles in the fair.
Justice K Natarajan noted that though the accused targeted a ‘vital part’ of the victim’s anatomy- Omkarappa underwent surgery to remove his left testicle- the offence did not qualify to be put together under Section 307.
Previously, the accused was charged under Section 307 of IPC (attempt to murder), Section 325 of IPC (voluntarily causing grievous hurt) one month in jail under Section 341 (wrongful restraint) ,and one year in jail under Section 504 (insult to provoke) of IPC.
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Now the accused is required to spend three years in jail instead of seven years as previously awarded to him by the Trial court. Additionally, he is also required to pay a fine of Rs.50,000 as a part of the modified conviction. However, the HC upheld the trial court’s conviction under Section 341 and Section 504 of IPC.
