GOVINDAN NAMBIAR Vs. CHIDAMBERASWARA IYER

JUDGEMENT

(1.) This appeal is directed against an order of acquittal passed by the First Class Magistrate, Perintalmanna under S.247 of the Criminal Procedure Code. The appellant the Executive Officer of the Perintalmanna Panchayat Board filed a complaint against the accused in the case for infringing the Panchayat Rules by burying dead bodies at a place other than a licensed burial ground. The complainant examined his witnesses, but the cross examination was deferred at the request of the defence counsel The case was posted for further proceedings on 17-12-60 on which date at the instance of the defence counsel the case was again adjourned to 2-1-1961. On 2-1-1961 the accused and the defence counsel were absent. The complainant was also a little late, but his counsel Sri C.P. Mohammed was represented in court by another Advocate Sri

(2.) Notice of this appeal was served on the accused but he has not entered appearance. The Public Prosecutor on whom notice was served also does not question the correctness of the facts as alleged by the appellant though he would maintain that the order of acquittal is proper.

(3.) In supporting the order of acquittal the learned Public Prosecutor relied on a decision of the Madras High Court in Nadesa Naicker v. Mari Gramani AIR 1948 Mad. 45 where it was held that: