Suppressing genitals during quarrel is not an attempt to murder, says Karnataka High Court

Suppressing genitals during quarrel is not an attempt to murder, says Karnataka High Court

The Karnataka High Court, while hearing a case, said that if someone presses someone's genitals during a quarrel, then it cannot be considered as attempt to murder. The High Court gave a different opinion from the verdict given by the lower court and reduced the punishment of the accused person from seven to three years. The 38-year-old accused was held guilty of causing grievous hurt to a person in front of him by pressing his genitals. The High Court said in this case that the accused had no intention of killing the victim, so it cannot be called attempt to murder.

The Karnataka High Court said, 'There was a fight on the spot between the accused and the complainant. During that quarrel, the accused pressed the testicles of the complainant. Therefore, it cannot be said that the accused came with the intention or preparation to commit murder. If he (the accused) had made preparation for the murder or attempted to commit the murder, he could have brought with him some deadly weapon for the purpose. The court said that the accused has caused grievous hurt to the victim and it could have resulted in death of the victim, but that was not the intention of the accused.

Justice K. Natarajan said in his recent judgment, 'The accused decided to grab the vital part of the body 'testicle', which can cause death. After this incident, the injured was taken to the hospital, where he was also operated and the testicle was removed, which is a serious wound.

 

Therefore, in my view, it cannot be said that the accused had committed the attempt to murder with mala fide intention or preparation. The injury caused by the accused would amount to an offense under section 324 of the Indian Penal Code (IPC), which deals with causing hurt to an important 'private part' of the body."

 

The victim Omkarappa's complaint states that he and others were dancing in front of the 'Narasimhaswamy' procession during the village fair, when the accused Parameshwarappa came there on a motorcycle and started quarreling. During the fight that followed, Parameswarappa grabbed Omkarappa's testicles, seriously injuring him.

 

After police inquiry and trial, the accused was convicted and sentenced. Parameswarappa, a resident of Mugalikatte village in Chikkamagaluru district, had approached the High Court challenging the trial court's sentence in Chikkamagaluru. This matter is of 2010. Parameswarappa was convicted by the trial court in 2012.



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