JAMIL HASAN Vs. STATE

JUDGEMENT

(1.) IT is not disiputed that the petitioner Jamil Hasan bit off the tip of Shis 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 the1 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 voluntarily causes grievous hurt by means of any instrument for cutting, shall be punished etc. Tooth is one of the hard bodies in the mouth, attached to the skeleton, but not forming part of it developed from the dermis or true skin, their function primarily the mastication of the food. Teeth consist of dentine, forming the body of the tooth, and cement, forming its outer crust, the third tissue, the enamel, when present, being situated between the dentine and cement. The teeth of mammals are incisors, canines, premolars and molara, (See Chambers Dictionary), The description in A New English Dictionary On Historical Principles. Vol. X, Part I. TI-U. 1926 Edition, is as follows: