Kerala HC Upholds 2-Year Section 308 Sentence For Man Who Hit Woman Neighbour Twice On The Head With A Stick

The prosecution alleged that on 2 August 2005 the appellant struck PW2, his neighbour, with a wooden stick after she came to question him about an earlier assault on her son.

PW2 sustained a laceration to the head; the doctor classified the injury as simple.

The Sessions Court convicted the appellant under Sections 308 and 324 IPC and sentenced him to two years’ simple imprisonment and a fine of ₹5,000 under Section 308, with three months’ simple imprisonment in default; it imposed no separate sentence under Section 324.

The appellant appealed, challenging the sufficiency of the evidence and the finding of the knowledge required by Section 308

Section 308 IPC applies where an accused does an act with such intention or knowledge, and in such circumstances, that if death resulted, the accused would be guilty of culpable homicide not amounting to murder; the requisite intention or knowledge must be proved.

The nature of the injury is not, by itself, decisive in assessing that mental element.

Section 324 IPC applies where the accused voluntarily causes hurt using a weapon or means specified in that provision; “hurt” includes bodily pain, disease or infirmity under Section 319 IPC.

The Court also held that non-recovery of the weapon, by itself, does not require rejection of otherwise credible, corroborated evidence.

The Court accepted PW2’s account that the appellant struck her head with a wooden stick.

It found that her explanation that two blows landed on the same place was consistent with the single injury recorded by the doctor; the difference between her descriptions of evading and restraining the third blow was not a material contradiction.

PW4 supported her account of the assault, PW5 testified to witnessing it, and the medical evidence was consistent with the alleged manner of injury.

The Court considered the repeated blows to the head, a vital part of the body, sufficient to establish the knowledge required for Section 308, notwithstanding that the injury was simple.

It also rejected the weapon-recovery argument because the evidence showed that the appellant left with the stick and the medical evidence supported the account of the assault.

It dismissed the appeal and confirmed the sentence of two years’ simple imprisonment and a fine of ₹5,000 under Section 308 IPC, with three months’ simple imprisonment in default and set-off for custody; no separate sentence was imposed under Section 324.

The appellant’s bail and suspension of sentence were cancelled, and he was directed to surrender forthwith to serve the sentence.