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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Ahmedabad plane crash: Six months on, college hostel lies in ruins, sans bustle of students
Ahmedabad (PTI): Six months after the AI-171 plane crash, the B J Medical College hostel complex in Ahmedabad stands as a haunting reminder, with its charred walls and burnt trees replacing the once lively chatter of students with an eerie stillness.
Scattered across the crash site are grim remnants of daily life - burnt cars and motorcycles, twisted beds and furniture, charred books, clothes and personal belongings.
The Atulyam-4 hostel building and the adjoining canteen complex stand abandoned, with entry strictly prohibited.
For residents near the site, memories of the incident still linger, casting a lasting shadow on their lives, with some of them saying they are still afraid to look up at the sky when an aircraft passes overhead.
On June 12, Air India flight AI-171, a Boeing 787-8 Dreamliner bound for London, crashed moments after take-off from the Sardar Vallabhbhai Patel International Airport, killing 260 persons.
The aircraft slammed into the BJ Medical College hostel complex in Meghaninagar, turning a lively student neighbourhood into a landscape of ruin and grief.
"The area now lies very silent, only a few birds chirp here," Sanjaybhai, a security guard deployed at the premises by authorities to prevent trespassing, told PTI.
Mahendrasingh Jadeja, a general store owner whose shop is just 50 metres from the point where the aircraft struck, described it as an unimaginable calamity. "In all my years, I have never seen anything like this."
Pointing to a tree behind his shop, the 60-year-old said the aircraft first struck there before crashing into the hostel building.
"It was a scorching summer afternoon. Not many people were outside. When I heard a loud crashing sound, I ran out of my shop. We were all terrified," he recalled.
"Even today, we instinctively look up whenever a plane passes overhead," he added.
Another local, Manubhai Rajput, who lives barely 200 metres from the site, said he witnessed the horror unfold on June 12.
"The plane was flying unusually low. Before I could understand what was happening, there was thick black smoke and a deafening crash," he said.
For over three decades, Rajput and his neighbours lived close to the airport without giving much thought to the aircraft overhead.
"We never looked up at the sky. But that day is etched in my mind. The plane hit a tree first, and then there was a loud sound," he said.
Rajput recalled how hundreds of locals rushed to the site even before police, fire services or the Army arrived.
Tinaben, another resident of Meghaninagar, said she never imagined something like this could happen in Ahmedabad.
"Despite being close to the airport, this area always felt safe," she said.
As an aircraft roared overhead during the conversation, Tinaben paused, looked up nervously and said, "It's still scary."
A senior official of Civil Hospital Ahmedabad, speaking on condition of anonymity, said the state government has yet to decide what to do with the damaged site.
Currently, investigations are going on and the site is strictly prohibited for people, he added.
