BHAGWANGIR MUKUNDGIR Vs. STATE

JUDGEMENT

(1.) ON 27th September 1948, the Magistrate, first alas? at Khaegaon, convicted the two petitioners under Section 18, Indore Penal Code, read with notification no. SO dated 12th October 1920 and also Under Section 74, District Municipalities Act. and sentenced them each to para fine of US. 25. Against this order of conviction and sentence they filed a revision petition in the Court of the Sessions Judge, who has made recommendation to this Court that the petition Bhould be allowed.

(2.) THE act of the two petitioners which constitute the offence is that their father Mukundgir died on 37th May 1946 and they buried him in close proximity to their dwelling house in Khate-gaon. The Notification referred to above was issued by the then Home Minister to the Government of His Highness the Maharaja Holkar in the Holkar Government Gazette dated 18th ootober 1930 which reads thus: It is, therefore, hereby ordered that any person burying or burning the dead at a place other than the places meant for the dispoeal of the dead or abetting in moh all will be dealt with in accordance with the provisions of Section 183, lndore Penal Code.

(3.) THE other section under which also the petitioners have been convicted is S. 71, Indore District Municipalities Act. The section runs thus: