BENGALURU: The Karnataka HC has ruled that squeezing someone’s testicles during a fight cannot be construed as “attempt to murder“.
“If at all, he (the appellant) has prepared or attempted to commit murder, he could have brought some deadly weapons with him in order to commit the crime,” Justice K Natarajan said while modifying a trial court’s conviction of Parameshwarappa, a resident of Mugalikatte village in Kadur taluk of Chikkamagaluru district, from attempt to murder (Section 307 of the IPC) to voluntarily causing grievous hurt (Section 325).
Parameshwarappa is now required to spend three years in jail instead of serving the seven-year sentence handed by the trial court. He has also been fined Rs 50,000 as part of the modified conviction. The offence dates back to March 15, 2010, when a long-standing feud between Parameshwarappa and one Omkarappa culminated in the duo getting into a physical fight in the middle of a temple festival. According to the chargesheet, Parameshwarappa squeezed Omkarappa’s testicles, causing him a grievous injury.
Parameshwarappa challenged the trial court’s conviction on the ground that the doctors who examined and treated Omkarappa never stated that the injury caused to him endangered his life. According to Parameshwarappa, there was a huge crowd at the event and anyone could have squeezed Omkarappa’s testicles in the melee. Justice Natarajan noted that though Parameshwarappa targeted “a vital part” of the complainant’s anatomy – Omkarappa underwent surgery to remove his left testicle – the offence didn’t qualify to be clubbed under Section 307.
“If at all, he (the appellant) has prepared or attempted to commit murder, he could have brought some deadly weapons with him in order to commit the crime,” Justice K Natarajan said while modifying a trial court’s conviction of Parameshwarappa, a resident of Mugalikatte village in Kadur taluk of Chikkamagaluru district, from attempt to murder (Section 307 of the IPC) to voluntarily causing grievous hurt (Section 325).
Parameshwarappa is now required to spend three years in jail instead of serving the seven-year sentence handed by the trial court. He has also been fined Rs 50,000 as part of the modified conviction. The offence dates back to March 15, 2010, when a long-standing feud between Parameshwarappa and one Omkarappa culminated in the duo getting into a physical fight in the middle of a temple festival. According to the chargesheet, Parameshwarappa squeezed Omkarappa’s testicles, causing him a grievous injury.
Parameshwarappa challenged the trial court’s conviction on the ground that the doctors who examined and treated Omkarappa never stated that the injury caused to him endangered his life. According to Parameshwarappa, there was a huge crowd at the event and anyone could have squeezed Omkarappa’s testicles in the melee. Justice Natarajan noted that though Parameshwarappa targeted “a vital part” of the complainant’s anatomy – Omkarappa underwent surgery to remove his left testicle – the offence didn’t qualify to be clubbed under Section 307.
