Squeezing of testicles is not 'attempt to murder': Karnataka HC
Bengaluru, Jun 26: Squeezing another person's testicles during a fight cannot be termed 'attempt to murder', the High Court (HC) of Karnataka has said.
It differed with the Trial Court which had convicted a 38-year old man for 'causing grievous hurt' for such an incident. It also reduced the sentence from seven years imprisonment to three years.
The HC reasoned that the accused had no intention of murdering the victim and the injury was caused during a fight.
"There was a quarrel between the accused and complainant on the spot. During that quarrel, the accused chose to squeeze the testicles. Therefore, it cannot be said that the accused came with an intention or with preparation to commit murder. If at all he has prepared or attempted to commit murder, he could have brought some deadly weapons with him in order to commit murder," it said.
The HC said that the accused has caused grievous hurt to the victim. Though the injury may have caused the death of the victim it was not the intention of the accused.
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"Though he has chosen the testicles which is the vital part of the body which may cause death and the injured was taken to the hospital, also undergone surgery and the testicles was removed which is a grievous hurt. Therefore, I am of the view, it cannot be said that the accused with an intention or preparation had attempted to commit murder. The injury caused by the accused could be brought under Section 324 of IPC by causing grievous injury by squeezing the private part which is the vital part of the body," Justice K Natarajan said in his recent judgement..
The complaint by the victim Omkarappa stated that he and others were dancing in front of the 'Narasimhaswamy' procession during the village fair when the accused Parameshwarappa came there in a motorcycle and picked up a quarrel. During the fight that ensued, Parameshwarappa squeezed the testicles of Omkarappa causing grievous injury. After the police inquiry and trial, he was convicted and sentenced.
Parameshwarappa, a resident of Mugalikatte in Kadur in Chikkamagaluru district, approached the HC with an appeal challenging his conviction by the Trial Court in Chikkamagaluru.
The Trial Court had sentenced him to seven years imprisonment under Section 307 (attempt to murder) of IPC, one month imprisonment under Section 341 (wrongful restraint) and one year imprisonment under Section 504 (insult to provoke).
The incident dates back to 2010 and the Trial Court convicted Parameshwarappa in 2012. His appeal, filed in 2012, was disposed of by the HC earlier this month.
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11k litres of milk poured into Narmada river after religious event; environmentalists see red
Sehore (PTI): Around 11,000 litres of milk were poured into Narmada river, often called the lifeline of Madhya Pradesh, in Sehore district on the culmination of a 21-day religious event as part of a sanctification ritual, prompting environmentalists to flag its negative impact on the ecosystem.
The event concluded at Satdev village in Bherunda area, located about 90 km from the district headquarters, with a 'mahayagna' on Wednesday.
The milk was offered to the river as part of rituals and prayers for the purity of the waters, the well-being of pilgrims and prosperity, organisers said.
The milk was brought in tankers to the riverbank and later poured into the flowing water amid chanting of mantras in the presence of a crowd of devotees.
However, environmentalists raised concerns over the practice, warning of its potential ecological impact.
"Such large quantities of organic matter can deplete dissolved oxygen in water, adversely affecting the river ecosystem. These impact local communities dependent on the river for drinking water and threaten aquatic life as well as domestic animals," noted environmentalist and wildlife activist Ajay Dube said.
Religious offerings should be symbolic and mindful, he asserted.
Renowned environmentalist Subhash Pandey said 11,000 litres of milk acts as a significant organic pollutant.
"It is highly oxygen-demanding and can lead to oxygen depletion, aquatic mortality, eutrophication (process of plants growing on river surface) and loss of potability. These effects are predictable from dairy-effluent chemistry and have been documented in similar incidents worldwide," Pandey pointed out.
Narmada originates at Amarkantak in the state and traverses 1,312 km westward to Maharashtra and Gujarat, emptying into the Arabian Sea via the Gulf of Cambay.
It is the largest west-flowing river in the peninsula, passing through a rift valley, and acts as a crucial water source for irrigation in MP, Gujarat and Maharashtra.
