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State Of Karnataka vs Shivalingaiah Alias Handigidda on 1 April, 1987

12. The learned counsel appearing for the appellant relied on the decision of the Apex Court in STATE OF KARNATAKA VS. SHIVLINGAIAH ( AIR 1988 SC 115), wherein the accused squeezed the testicles of a victim resulting in his death almost instantaneously and the incident took place all of a sudden and on the spur of the moment. In that case the death was as a result of cardiac arrest resulting from shock due to injuries to the testis. In such circumstances, the Apex Court modified the conviction of the accused from under S.323 to one under S.325. But in the case on hand, after stamping of the testicles, the deceased survived for more than 10 hours and thereafter he died. The Doctor has also opined that the reason could not be detected. Under such circumstances, I am of the view that in the present case, the offence will not fall under Section 325 IPC but it will fall under Section 324 IPC.
Supreme Court of India Cites 0 - Cited by 16 - A P Sen - Full Document
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