Human teeth can be considered an instrument for cutting, and an injury caused by a teeth bite can be an offence under sections 324 and 326, IPC, depending on the nature of the injury.

1. - The Judicial Magistrate Malpura convicted the petitioner, Devalal, for the offence under section 326, IPC and sentenced him to one year R.I. and a fine of Rs. 250/-. This conviction and sentence was confirmed by the Sessions Judge, Tonk by his judgment dated 17th April, 1990. Against this decision the petitioner has preferred this revision petition.

2. The facts of the case lie in a very narrow compass. The injured Gokul & the accused Devalal had a short quarrel about the share in the crop in lie of wages for the labour done by Gokul. Upon this quarrel the appellant caught hold of Gokul and gave a teeth bite on the left ear of Gokul, with the result that a part of the ear measuring 1.5" x 0.2" was severed. This injury has been described by the doctor as a lacerated wound caused by a blunt object. This was grievous in nature and as it was a lacerated wound he said that the opinion will have to be given that it was caused by a blunt object. He gave opinion that the injury could have been caused by eating away with the teeth.

3. The question which has been raised by the learned counsel for the petitioner is that the lacerated wound could be caused by a blunt object only and merely because it is teeth bite it cannot be termed as an injury by a sharp or dangerous weapon used in cutting, stabbing etc. He has placed reliance on Mohd. Hamid and others v. State of Raj., WLN (UC) 1974 page 342 In this case the doctor opined that the teeth bite injury was caused by blunt weapon and the benefit was given to the accused and he was convicted under section 323 IPC instead of s. 324 IPC. In the circumstances no opinion was expressed on the question whether teeth bite was or was not by sharp edged weapon. In the present case the doctor has described the injury as lacerated wound and has said that because of the lacerated wound it would have to be described as caused by blunt object. At the same time he has said that such injury is generally possible by the incisor tooth and incisor tooth is also known as cutting tooth. According to him an injury by incisor will not be known as injury caused by sharp object.

4. This matter came to be considered in Chaurasi Munjhi & another v. State of Bihar, AIR 1970 Patna 322 , and referring to the meaning of the words `instrument and teeth' it was held that there is no difficulty in taking the view that tooth is a means whereby something is achieved, performed or furthered and therefore it can be characterised as an instrument within the meaning of sections 324, IPC and 326, IPC. For a simple injury caused by teeth offence will be under section 324, IPC and for grievous injury caused by such a bite he would be guilty for the offence under section 326, IPC.

5. The Allahabad High Court in Jamil Hasan v. The State, 1974 Cr.LJ page 867 has taken the view that tooth is an instrument for cutting and serves as weapon of offence and defence and consequently an injury caused by teeth bite would be an offence under section 324 and 326, IPC depending upon whether the injury is simple or grievous. Considering the meaning of instrument it was observed that it cannot be said that instrument can only mean some mechanical device, wholly apart from the human anatomy. When human hands can be used as instrument for causing a hurt and even grievous hurt there is no reason why human teeth should be deprived of that quality.

6. While dealing with the nature of weapon used for causing injury the words used in sections 324 and 326, IPC are that whosoever 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 etc. The nature of the weapon used will determine the nature of the offence committed and not the description of an injury which may be incised wound or lacerated wound. A weapon supposed to be sharp edged but not having clean cut edges may sometimes not cause an in