1. This miscellaneous criminal case has been instituted on an application under section 482 of the Code of Criminal Procedure, filed on behalf of applicants/accused persons Chhota @ Akash, Vipin and Veeru. It is directed against the order dated 25-2-2015 passed in Criminal Revision No.11/2015 by the Court of VII Additional Sessions Judge, Sagar, affirming the order passed by the Judicial Magistrate First Class, dated 16.12.2014 in Criminal Case No. 2596/2014 framing charges against the applicants under sections 323, 294, 506 and 324 read with section 34 of the Indian Penal Code.

2. As per prosecution case, amongst other things, applicant-accused person Vipin clawed the neck of Atul with his nails. The only point that has been raised on behalf of the applicants during arguments is whether an injury caused by human nail can be said to have been caused by means of an instrument for stabbing or cutting, making causing of such injury punishable under section 324 of the Indian Penal Code?

3. No authorities have been cited on either side in this regard; therefore, the Court shall proceed to consider this question by interpreting the relevant part of section 324 of the Indian Penal Code which reads as follows :

“324. Voluntarily causing hurt by dangerous weapons or means. -- Whoever, except in the case provided for by section 334, voluntarily causes 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, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.” (Emphasis supplied)

4. Though, no authorities are available on the question whether human nails can be deemed to be an instrument for stabbing or cutting, at least four authorities are available on the point that human teeth are instruments for cutting within the meaning of section 324 of the Indian Penal Code. In the case of Chaurasi Manjhi and another v. State of Bihar [AIR 1970 Patna 322], learned Single Bench of Patna High Court held as follows :

2. The relevant words in section 324 of the Penal Code are :

“Whoever ............ voluntarily causes hurt by means of any instrument for...... cutting ......... shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.”

The question is whether tooth is an instrument for cutting within the meaning of section 324 of the Penal Code. There is no authority on the point either way. Some indication of it is to be found in an unreported decision of the Bombay High Court given by Beaumont, C.J. and Sen, J., in the book of Ratanlal and Dhirajlal “Law of Crimes”, under section 326 of the Penal Code. The case noticed there is that where a mistress refused to accompany her paramour, who got enraged and bit off the tip of her nose and dislocated one of her teeth, a sentence of two months’ rigorous imprisonment was enhanced to one of fourteen months. It is, of course, not very clear from this line alone as to whether the biting on the tip of the hose was considered as a grievous injury caused by teeth or whether the dislocation of one of her teeth was caused by some other instrument. I cannot, therefore, be sure upon that line mentioned in the annotation of the book referred to above.

3. Considering the question, however, myself with reference to the meaning of the words “instrument” and “tooth” in Webster’s Third New International Dictionary. I have come to the conclusion that tooth will be an instrument for cutting. According to the said dictionary, “instrument” means “a means whereby something is achieved, performed, or furthered”.