IMPORTANT POINT
Human teeth are instrument for cutting as contemplated under Section 324, Indian Penal Code.

JUDGMENT

M. B. Sharma, J. - The conviction of the accused petitioner under Section 326 of the Indian Penal Code as well as sentence of six months' simple imprisonment and fine of Rs.200/- or in default of payment of fine further simple imprisonment for two months, as awarded by the learned Judicial Magistrate under his judgment dated March 28, 1980, has been upheld by the learned Addl. Sessions Judge, Dausa camp Jaipur, under his judgment dated August 21, 1985. Aggrieved against the aforesaid order the accused petitioner has preferred this revision petition.

2. The accused- petitioner has been held to have voluntarily cut ear-labune of Moola, complainant in this case. The occurrence is said to have taken place in July 7, 1977 in the evening at 4 p.m. So far as the question whether the accused is the author of the injury, i.e. cutting the ear-labune is concerned, I find no merit in the contention of the learned Counsel for the petitioner. Both the Courts below have come to the conclusion that it was the accused who was responsible for having cut the ear-labune of the complainant with the teeth. It has come in the statement of Dr. Ramesh Chandra P.W. 2 that when the injured Moola was brought to him and he noted that his ear-labune was cut. A piece of ear-labune was also brought to him and it matched with the ear of Moola. He also stated that injury of this kind will lead to the complainant's disfiguration of the face. It is contended by the learned Counsel for the petitioner that the doctor has stated that the injured did not come to him again and he could not see whether there was permanent disfiguration or not. But a perusal of the statement of the doctor will show that he has stated that the injury of this nature is permanent disfiguration.

3. The learned Counsel does not dispute and cannot dispute that ear is part of face and if it is cut it will be a permanent disfiguration. This finding of the Court below that there was permanent disfiguration does not call for interference. But the question is as to whether the injury by tooth-bite can be said to be an injury falling under Section 324 of the Indian Penal Code. A perusal of Section 324 of the Indian Penal Code will show that who-ever voluntarily caused hurt by means of any instrument for shooting, stabbing or cutting or any instrument which used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance or by means of any poison or any corrosive substance which it is deleterious to human body the to inhale, to allow, or to receive into the blood, or by means of any animal, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine or with both. Thus a bare reading of the aforesaid Section 324 of the Indian Penal Code will show that before an offence under Section 324 of the Indian Penal Code or 324 of the Indian Penal Code is made out, the accused must have been shown to have caused hurt by means of any instrument for cutting or any instrument which used as a weapon of offence is likely to cause death. Thus, if teeth can be said to be an instrument of cutting, it can be said that anyone who with the help of teeth voluntarily caused hurt or grievous hurt, as the case may be, then depending the upon the nature of hurt to be cause, will be responsible either under Section 324 of Section 326 of the Indian Penal Code, as the case may be. It appears that there is diversion opinions of the Courts whether tooth - bite injury can be said to have been caused by sharp-edged weapon or not? The Gujarat High Court in the case reported in (1972) 13 Guj. L.R. 8481 has taken a view that human teeth are not such an instrument or is contemplated by the Section and hurt caused by teeth bite will not fall under Section 324, but Section 323 of the Indian Penal Code, but the Allahabad High Court in the case reported in 1974 Cr. L.J. 867, has taken a view that teeth is an instrument of cutting. In the cas