The Karnataka High Court has said that squeezing the testicles in a quarrel cannot be termed as an attempt to murder punishable under IPC section 307. The high court said this while modifying the sentence imposed on the petitioner.
The petitioner Parameshwarappa, a resident of Kadur taluk in Chikkamagalur district, had approached the high court challenging the order of conviction. He was found guilty and sentenced to undergo seven years’ imprisonment for the offence under section 307, one month imprisonment for the offence under section 341 and one year imprisonment for the offence under section 504.
The incident had happened in March 2010. The prosecution case was that Parameshwarappa and the victim/complainant Omkarappa had a quarrel two months prior to the incident. On the date of the incident, in March 2010, when the Narasimhaswamy festival was going on in the village, the accused Parameshwarappa obstructed, abused Omkarappa and squeezed his testicles in a quarrel.
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Omkarappa’s statement was recorded in the hospital and his left testicle had to be removed in a surgery. The police filed the chargesheet against Parameshwarappa and after the trial the court held him guilty.
Justice K Natarajan noted that it cannot be said that Parameshwarappa had brought any deadly weapon as a pre plan with an intention to commit the murder. “Though he had chosen the testicles, which is a vital part of the body and may cause death, and the injured was taken to the hospital, underwent surgery, and had a testicle removed, it is a grievous hurt.”
The court further said that the injury caused could be brought under IPC section 325 for causing grievous injury. “In my view, this is the case which clearly falls under the category of grievous hurt caused by the accused during the quarrel without using any deadly weapons. Therefore, I am of the view, the sentence passed by the trial court finding guilty for the offence punishable under Section 307 of IPC is not correct and the offence committed by the accused clearly falls under Section 325 of IPC,” the court said.
Allowing the appeal in part, the court sentenced Parameshwarappa to undergo imprisonment for three years and to pay a fine of Rs 50,000 for the offence under IPC section 325. The court upheld the sentence passed by the trial court for the offences under IPC sections 341 and 504.