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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234 held in anti-drug operation in Kerala
Thiruvananthapuram, Mar 15 (PTI): The Kerala police on Saturday said as part of its special drive to crack down on individuals suspected of drug trafficking, 234 people were arrested, and varying quantities of several deadly narcotics, including MDMA, were seized.
The State Police Media Centre (SPMC) stated that on March 14, as part of the drive, D-Hunt, authorities inspected 2,362 individuals suspected of drug trafficking and arrested 234 of them.
The operation was carried out across the state to identify and take strict legal action against those involved in the storage and distribution of banned drugs.
Police registered 222 cases related to the possession of various prohibited substances, according to a statement issued by the SPMC.
Additionally, authorities seized 0.0119 kg of MDMA, 6.171 kg of cannabis, and 167 cannabis 'beedis' from those arrested.
Operation D-Hunt is being jointly implemented by the Range-based NDPS Coordination Cell and District Police Chiefs under the leadership of State Anti-Narcotics Task Force Head and ADGP (Law and Order) Manoj Abraham, following the instructions of State Police Chief Dr Sheikh Darvesh Sahib, the statement said.
The SPMC also announced that a 24-hour Anti-Narcotics Control Room (9497927797) has been set up to receive information from the public regarding drug-related activities.
The details of individuals who contact this number will be kept confidential, it added.
Furthermore, the operation will continue in the coming days through sustained surveillance and the creation of a database of individuals regularly involved in drug-related activities and transactions.
