It is not disputed that the petitioner Jamil Hasan bit off the tip of his wife Anisa Bagum's nose by his teeth at about 5 p.m. on October 25, 1970. He was, therefore, convicted under Section 326 of the Indian Penal Code by the Munsif-Magistrate, Hardoi and sentenced to undergo rigorous imprisonment for a period of two years. His appeal was dismissed by the Sessions Judge with this modification that the sentence was reduced to rigorous imprisonment for a period of one year.

2. The learned counsel for the petitioner has raised two points in this revision the first, regarding the correctness of the conviction under Section 326, and the second, regarding the enormity of the sentence.

3. His contention is that tooth or teeth cannot be considered by any means to be an 'instrument' for 'cutting' and, therefore, a bite by teeth is out of the purview of this section. There is no dispute that the hurt caused was grievous inasmuch as it had brought about permanent disfiguration of face, within the meaning of clause Sixthly of Section 320 of the Indian Penal Code. The question, therefore, is whether tooth is 'instrument', within the meaning of Section 326 which says that whoever voluntar