ORDER

1.Leave granted.

2. The appellant stands convicted under Section 326 read with Section 34 of the Indian Penal Code. Injuries, no doubt, are grievous as the phalanx of the index finger has been snipped off. But the allegation is that the assailant had bitten the index finger and caused the said injury. Teeth of human being cannot be considered as deadly weapon as per the description of deadly weapon enumerated under Section 326 IPC. Hence the offence cannot escalate to Section 326. It can best remain only at Section 325 IPC. We, therefore, alter the conviction to Section 325 IPC read with Section 34 IPC.

3. The said change of the count of offence warrants change of the quantum of sentence also. In the interest of justice we deem it necessary to imposesentence of rigorous imprisonment for period of 6 months besides fine of Rs 10,000. The sentence is accordingly modified. If he defaults in payment of fine he shall undergo imprisonment for further period of three months. In case the fine amount is realised the victim shall be paid sum of Rs 8000 out of the said fine amount. The trial court shall see that the said amount is paid to the injured in case the fine amount is realised f