Karnataka High Court – Suppression of testicles not attempt to murder: Trial Court’s decision reversed; The sentence of the accused was reduced from 7 years to 3 years.

The Karnataka High Court, overturning a trial court’s decision, held that suppressing the testicles during a fight does not amount to attempt to murder. The accused had not pressed the testicles with intent to kill. In such a situation, the HC has reduced his sentence from 7 years to 3 years.

According to media reports, this incident is from 2010. Omkarappa was dancing with others during the Narasimhaswamy procession at his village fair. Only then Parameshwarappa reached there on his bike and started quarreling.

During the fight Parameswarappa presses Omkarappa’s testicles, seriously injuring him. On Omkarappa’s complaint, the police registered a case and arrested Parameswarappa. In 2012, the trial court convicted him for attempt to murder and sentenced him to 7 years in jail.

In the same year he appealed to the High Court. The matter was disposed of by the HC earlier this month.

Accused had no intention to kill
High Court Justice K Natarajan said during the hearing that the accused had no intention of killing the Victim. The injuries suffered by the Victim were during the quarrel. In a quarrel, the accused pressed the victim’s testicles, it does not prove that he wanted to kill him or that he tried to kill him.

If the accused had to kill her, he would have attacked her with some sharp weapon.

Victim’s testicles removed during surgery
Justice K Natarajan said – The accused has caused serious injuries to the Victim. Admittedly, the injury could have resulted in his death, but that was not the intention of the accused. Testicles are an important part of the body, an injury to which could have resulted in death, but the victim was injured. The testicles were removed during the surgery.

In view of this I can say that the intention of the accused was not to kill. Therefore, this case cannot be kept under the section of attempt to murder.