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SC ruling on death from blow

New Delhi Jan. 28. Adding a new analogy to criminal jurisprudence, the Supreme Court has ruled that if a person, with an intention to kill, hits another in the private parts resulting in his death, he would be charged with murder.

According to the prosecution, Mohd. Nazeer came to the house of Ameeruddin and started beating him up.

When the neighbours tried to intervene, he said that he would not leave Ameeruddin alive and hit his private parts with his knee. Ameeruddin fell down and died on the spot.

The trial court convicted Nazeer under Section 304-II, saying the criminal act fell under the category of culpable homicide not amounting to murder.

However, the Karnataka High Court set aside the conviction and sentenced the accused under Section 323 for causing grievous injury.

Allowing the appeal of the Karnataka Government against the High Court order, an apex court Bench comprising Justice S.N. Variava and Justice D.M. Dharmadhikari, said ``the evidence of the doctor clearly shows that the death was caused due to neurogenic shock resulting from injury to testicles and scrotum..... This is a case where the conviction should have been under Section 302.''

Stating that the trial court was already lenient in the conviction and sentence, Justice Variava, writing the judgment for the Bench, said in any event, the High Court should never have interfered with the conviction under Section 304-II. — PTI

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