Criminal Appeal No 393 of 1979
From the Judgment and Order dated 2641979 of the Tamil Nadu High Court in Criminal Appeal No 197 of 1978 and Crl
Revision Case No 833 of 1977
UR Lalit and KR Choudhary for the Appellants
KV Venkataraman for the Respondent
The Judgment of the Court was delivered by KULDIP SINGH J
Parusuraman  Velladurai Karuppaiah Nagasundaram and four others hereinafter referred to as A1 to A7 were tried for the murder of one Jawahar
Three charges were framed against them
A7 was charged under Section 302 read with Section 109 IPC for instigating A1 to 6 to commit the murder
The second charge related to rioting wherein A1 A2 A4 A5 and A3 A6 were tried under Sections 147 and 148 IPC respectively
The third charge under Section 302 read with Section 149 IPC was against Al to A6 on the allegations that Al A2 A4 and A5 armed with sticks A3 armed with aruval bill hook and A6 armed with vel stick spear stick attacked Jawahar at about 830 AM on January 28 1977 and caused him multiple injuries as a result of which he died on the same day
All the ac cused persons were acquitted by the learned Trial Judge
On appeal the High Court maintained the acquittal of A4 to A7 but reversed the findings in respect
of A1to A3
Believing the prosecution evidence the High Court came to the conclusion that the commission of offence by A1 to A3 was proved
They were convicted under Section 304 Part I read with Section 34 IPC and were sentenced to undergo rigor ous imprisonment for five years
This appeal by A1 to A3 via special leave petition is against the judgment of the High Court
While granting special leave to appeal this Court by its order dated August 10 1979 allowed bail to the appel lants
We have heard learned counsel for the parties
We agree with the High Court that the participation of the appellants in the occurrence which resulted in the death of Jawahar has been proved beyond doubt
We are however of the view that keeping in view the nature of injuries on the person of the deceased and the facts and circumstances of this case the 3 offence committed by the appellants come within the mischief of Section 325 read with 34 IPC Thirteen external in juries were found on the dead body of Jawahar
Out of those 11 were on lower legs and arms
The High Court while consid ering the nature of offence observed as under These accused and their associates who be set themselves on Jawahar could never have intend ed to cause the death of Jawahar for if such was their intention they could have certainly killed him especially after carrying him into the cholam field and left him dead there instead of merely causing simple and grievous injuries to him
Even with reference to the aspect whether the accused persons could have intended to cause such injuries as would be sufficient in the ordinary course of nature to cause death we are not able to give a finding in favour of the prosecution
Even according to Jawahar s statement Exhibit P 6 all that first accused had remarked was that the attack on him was in retaliation for the injuries Jawahar had caused on the first accused a few weeks earlier
 Agreeing with the above observations of the High Court we are of the opinion that the intention of the appellants was to cause grievous hurt and as such the offence committed by them comes within the parameters of Section 325 IPC We therefore set aside the conviction and sentence of the appellants under Section 304 Part I IPC read with Sec tion 34 IPC and instead convict them under Section 325 IPC read with Section 34 IPC We impose the sentence of imprisonment already undergone by the appellants
We also impose the sentence of Rs 7000 each as fine on the appel lants
The appellants shall deposit Rs 7000 each before the Trial Court within four months from today
In the event of non payment of fine the appellants shall undergo rigorous imprisonment for five years
The amount of Rs 21000 rea lised as fine from the appellants be paid to the fathermother of deceased Jawahar
In the event of none of them surviving the amount shall be paid to Indra sister of deceased Jawahar
The appeal is disposed of in the above terms
VPR Appeal disposed of


Summary:
The Respondent forwarded his nominations for election to the Council of the appellant No 1 Institute by registered post to the Secretary Appellant No 1 on May 17 1991 and May 18 1991
They were received on May 23 1991 and May 27 1991 respectively and were rejected on the ground that they were received after the time and date fixed for the reciept of the nominations ie 500 pm on May 21 1991
Being aggrieved the respondent filed a writ petition in the High Court seeking a writ of certiorari to quash the order rejecting his nominations
The Division Bench of the High Court allowed the writ petition holding that once the Secretary was satisfied that a nomination had been duly forwarded by the registered post to him at least 48 hours before the specified date and time it must be deemed to have been received within the time provided
The Institute and its Secretary flied the SLP in this Court contending that under Regulation 872the nominations must be forwarded by registered post and must reach the Secretary of  the Council not later 922 than 500 pm on the specified date ie May 21 1991 that the proviso came into play only when a nomination was delivered to the Secretary against an acknowledgement before the specified time and specified date and the Secretary was satisfied that a valid nomination had been duly forwarded by registered post to him at least 48 hours before the speci fied date and time and that the High Court had erred in disregarding the opening part of the proviso which read Provided that a nomination delivered against an acknowl edgement before the aforesaid time and date  The respondent contended that what was intended to be prescribed by the use of expression so as to reach him not later than 500 pm on the specified date in clause ii of sub regulation 2 of Regulation 87 was that the nomina tions which had been forwarded by registered post to the Secretary 48 hours before the specified time and date of the election must be deemed to have reached the Secretary in time
Allowing the appeal this Court HELD 1
The entire scheme of sub regulation 2 of Regulation 87 and the proviso shows that one of the main pre conditions required before a nomination can be said to have been duly received is that a valid nomination must be received by the Secretary before the specified time and date
926C 2
It is true that the rule in terms requires that the nominations should be sent by registered post but taking into account the fact that such a nomination might not be received by the Secretary even though posted more than 48 hours before the specified time and date it was provided that if the nomination was delivered by hand to the Secre tary before the specified time and date against acknowledge ment that nomination would be treated as having been valid ly received provided the Secretary was satisfied that the nomination was forwarded by registered post to him by the candidate 48 hours prior to the specified time and date
926D E 3
What is meant by the use of the expression so as to reach him not later than 500 pm on the specified date in sub regulation 2 of Regulation 87 is that the nomination must be forwarded by registered post to the Secretary so as to reach him in fact or actually reach him not later than 500 pm on the specified date
The rigour of the rule is relaxed by the proviso under which if a proper nomination was 923 delivered against an acknowledgement before the specified time and date it would be deemed to have been forwarded and to have reached within the time prescribed provided the Secretary was satisfied that the nomination had been duly forwarded by the registered post at least 48 hours before the specified time and date
926G 927A