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Last updated: Jun 26, 2023 at 3:18 PM IST
UNHCR concluded that the accused had no intent to kill the victim and that the injury occurred during a fight (Photo: IANS)
The Karnataka High Commissioner said this while he was at odds with the lower court which had convicted a 38-year-old man for ‘causing grievous harm’ for such an incident.
The Karnataka High Court said that squeezing another person’s testicles during a fight cannot be qualified as “attempted murder”.
She disagreed with the lower court, which convicted a 38-year-old man for “causing great harm” for such an incident. The sentence was also reduced from seven years to three years.
The High Commissioner reasoned that the accused had no intention of killing the victim and that the injury occurred during a fight.
There was a quarrel between the accused and the complainant immediately. During this quarrel, the accused chose to squeeze the testicles. Therefore, it cannot be said that the accused came with the intention or intention to commit murder. If he had prepared or attempted murder at all, he could have brought some lethal weapon with him to commit murder.”
The Supreme Committee said that the accused caused severe harm to the victim. Although the injury may have caused the death of the victim, it was not the intention of the accused.
And although he chose the testicles, which are considered the vital part of the body that might cause death, and the injured person was taken to the hospital, he underwent surgery and the testicles were removed, which was painful. Therefore, in my view, it cannot be said that the accused, with intent or preparation, attempted to commit murder. Judge K. Natarajan in his last judgment said that the injury caused by the accused can be brought under Section 324 of IPC by causing serious injury by pressing on the private part which is the vital part of the body.
The victim Omkarappa’s complaint stated that he and others were dancing in front of Narasimhaswamy’s procession during a village fair when accused Parameshwarappa came on a motorbike and got into a fight. During the ensuing fight, Parameshwarappa squeezed Omkarappa’s testicles causing serious injury. After the police investigation and trial, he was found guilty and sentenced.
Parameshwaraba, a resident of Mughalikati district of Kadur in Chikkamagaluru District, has lodged an appeal with the High Court to challenge his conviction by the Chikkamagaluru First Instance Court.
The Court of First Instance had sentenced him to seven years’ imprisonment under Section 307 (attempted murder) of the Iraqi Penal Code, one month’s imprisonment under Article 341 (unlawful restraint) and one year’s imprisonment under Article 504 (insult provocation).
The incident dates back to 2010, and Parameshwarappa was convicted by the Court of First Instance in 2012. His appeal, filed in 2012, was decided by the Supreme Court earlier this month.
(This story was not edited by the News18 staff and was published from a syndicated news agency feed – PTI)
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