We would like to go by contents of First Information Report, statements of witnesses and other documents in order to consider as to whether the offence under Section 324 of the Indian Penal Code has been made out or not. The other offences i.e. Sections 323, 504, 506 read with Section 34 of the Indian Penal Code are non cognizable in nature and in that event First Information Report under Section 154 of the Code of Criminal Procedure will not be maintainable. First Information Report and statements of witnesses, especially the injured, would also show that when informant had allegedly requested applicants not to transport bricks from the brick kiln till the decision of the case, she states that she was assaulted. She levels allegation against applicant No.1 that he took bite (i.e. by using his teeth as weapon) to the left forearm of her brother Laxman and she also states that applicant No.2 had taken bite of her right hand. That means, she has levelled allegation that applicant Nos.1 and 2 both have used teeth as weapon. As per the ingredients of Section 324 of the Indian Penal Code, the hurt should be 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 etc. As aforesaid, the medical certificates of informant and her brother show that there was simple hurt to both of them. Now, the weapon that is used is stated to be hard and blunt object. The teeth marks were not noted by the Medical Officer and he has given the description of injury as Contused Lacerated Wound. The dimensions given cannot match with the injury that might be caused by human teeth. The natural curve in case of bite is not noted. Therefore, it is hard to believe that injuries which were noted on the person of informant and her brother would have been caused by human teeth. Hon’ble Supreme Court in Shakeel Ahmed (supra) while considering the offence under Section 326 of the Indian Penal Code observed that teeth of human being cannot be considered as deadly weapon as per the description of deadly weapon enumerated under Section 326 of the Indian Penal Code. If we consider Section 326 of the Indian Penal Code, then as compared to Section 324 of the Indian Penal Code, there is only the difference of word ‘hurt’ and ‘grievous hurt’ in the respective sections and then the change in the sentence. Therefore, the observations in Shakeel Ahmed (supra) are applicable to the case under Section 324 of the Indian Penal Code also. In Shakeel Ahmed (supra) injury was grievous as the phalanx of index finger was snipped off and, therefore, it was considered under Section 325 of the Indian Penal Code. If we apply the same rule, then the injury would come down to Section 323 of the Indian Penal Code, which is non cognizable in nature. Therefore, with this evidence, though there appears to be a cross case; yet, it would be an abuse of process of law to ask the applicants to face the trial, as the ingredients of offence under Section 324 of the Indian Penal Code are not attracted for the aforesaid reasons.
{Para 6}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.5049 OF 2024
Tanaji Shivaji Solankar Vs The State of Maharashtra
Citation: 2025:BHC-AUG:9907-DB
CORAM : SMT. VIBHA KANKANWADI &
SANJAY A. DESHMUKH, JJ.
PRONOUNCED ON : 04th APRIL, 2025
