In a recent ruling, the Karnataka High Court has overturned the decision of a trial court, stating that squeezing a man’s testicles during a fight cannot be classified as an “attempt to murder.” The court also reduced the sentence of a 38-year-old man from seven years to three years.
The High Court disagreed with the Trial Court’s judgment, emphasizing that the accused had no intention of killing the victim and that the injury occurred during a heated altercation. The court reasoned that if the accused had intended to commit murder, they would have likely carried deadly weapons with them. The incident involved a quarrel between the accused, Parameshwarappa, and the complainant, Omkarappa, during a village fair procession in front of the ‘Narasimhaswamy’ deity.
Justice K. Natarajan, in his recent judgment, stated, “Though he has chosen the testicles, which is a vital part of the body that may cause death, and the injured party underwent surgery resulting in the removal of the testicle, it cannot be said that the accused intended or prepared to commit murder.” The court opined that the injury caused by squeezing the victim’s private part fell under Section 324 of the Indian Penal Code, which deals with causing grievous hurt.
The incident occurred in 2010, and Parameshwarappa was convicted by the trial court in 2012. However, his appeal, filed in 2012, was recently disposed of by the High Court, providing a different perspective on the severity of the crime.
While the ruling acknowledges the serious nature of the injury and the harm caused to the victim, it distinguishes it from an attempted murder charge based on the absence of premeditation or the use of lethal weapons. The decision highlights the importance of considering intent and premeditation when categorizing criminal offenses, ensuring a fair assessment of the circumstances surrounding the incident.