Judgment

ORDER :- The State of Karnataka has preferred this appeal by way of special leave against the judgment of the Karnataka High Court dated November 8, 1982. By the judgment, the High Court has set aside the order of acquittal recorded by the Sessions Judge, Bangalore acquitting the respondent of an offence under S. 302, Penal Code, 1860 and convicted him of having voluntarily caused simple hurt punishable under S. 323. The respondent has been sentenced to undergo rigorous imprisonment for one year.

2. The short question involved is whether the act of the respondent falls within clause Thirdly to S. 300 and therefore he is guilty of culpable homicide amounting to murder punishable under S. 302 Penal Code. The gravamen of the charge against the respondent was that after an altercation he suddenly pulled the deceased Giri Gowda by his testicles and squeezed the same as a result of which he fell down unconscious and died almost instantaneously. The testimony of Dr. T. C. Seetharam, Medical Officer, L.F. Hospital, Chennapatna shows that death was as a result of cardiac arrest resulting from shock due to injuries to the testis. The learned Sessions Judge held that the offence made o