Tooth is an instrument for cutting within the meaning of Section 324 of the Penal Code.

R. N. Aggarwal, J.: - Kehri along with his three sons, namely, Jagat Singh, Subh Ram and Suresh were sent up for trial on the charge of murdering Chand Ram and further causing grievous and simple injuries respectively, to Lal Chand and Sundho Devi wife of Chand Ram. Lal Chand is the brother of Chand Ram. The learned Additional Sessions Judge who tried the case found Jagat Singh and Subh Ram guilty of the offence of murdering Chand Ram and sentenced each of them to imprisonment for life. Kehri and Suresh were given benefit of doubt and acquitted of the charge of murder. Suresh, however, was found guilty of the offence of causing grievous injury to Lal Chand and sentenced to rigorous imprisonment for one and a quarter years and a fine of Rs. 250/- and in default of payment of fine to undergo rigorous imprisonment for a period of three months. The remaining accused were acquitted of the charges under Ss. 326 and 323 of the Penal Code. Two separate appeals have been preferred one by Jagat Singh and Subh Ram (Crl Appeal No. 177 of 1983) and the second by Suresh (Criminal Appeal No. 175 of 1983). This judgment shall dispose of both the appeals.

2. The accused party with their families, the deceased Chand Ram with his wife and four children and Lal Chand resided in the same locality in village Shahpur Garhi. The house of Lal Chand adjoined the house of his brother Chand Ram. The house of the accused is the third house from the house of Chand Ram. Adjoining the house of the accused is the house of Kewal (brother of Kehri).

3. Kewal Singh has a television set at his house. On 20th June 1981 at about 8 P.M. Sundho, her children, Jagat Singh accused and some others were watching the television. According to P. W. 7 Sundho Devi, her children laughed on a comical scene and this was not liked by Jagat Singh, and he rebuked the children of Sundho in filthy language. Sundho objected to Jagat Singh abusing her children. According to Jagat Singh accused on a dirty scene (probably meaning sexy scene) the children of Sundho laughed and Jagbir Singh son of Lal Chand shouted and that he rebuked Jagbir Singh and told him that it was family place and he should not shout in that manner and he turned out Jagbir from there and on that Sundho Devi started talking loudly in favour of Jagbir and that Sundho also was turned out of the house by the other women who were watching the television. The said small incident flared up and attracted to the spot Lal Chand and the other accused and there was grappling between the accused and Lal Chand. The prosecution case is that in the said grappling Suresh bit the right ear of Lal Chand. P. Ws Ram Mehar and Baldev Singh intervened and separated the two parties. Lal Chand and Sundho Devi went to their home.

4. On next day in the morning at about 8.30 a.m. according to Sundho Devi all the accused armed with lathis came to their home shouting that they would take revenge for the last evening's incident. Sundho bolted the door of her house from inside. All the accused went away. At about 10. a.m. Sundho Devi, her husband Chand Ram and Lal Chand left their house for the police station Narela to lodge a report. When they reached the bus-stop of the village, it is alleged, all the accused armed with lathis came and attacked Chand Ram, Lal Chand and Sundho Devi. Kehri gave two lathi blows, one on the head and the other at the back of Chand Ram. Suresh gave lathi blows on the hand and the right shoulder of Sundho Devi. Kehri also gave two lathi blows - one on the head and the other on the back of Lal Chand. The prosecution case further is that Subh Ram and Suresh caught Chand Ram and fell him on the ground. Jagat Singh sat on the chest and both Jagat Singh and Subh Ram twisted the neck of Chand Ram. Jagdish PW also happened to reach the spot and he raised alarm, on that it is said that the accused ran away. Lal Chand, Sundho and Jagdish took Chand Ram in a DTC bus to the Civil Dispensary at Narela. P. W. 18 Dr. Nigam i