1. The petitioners have been convicted under R.8 of the Rules framed under S.112(2)(xxvi) of the Madras Village Panchayats Act, X of 1950, for having contravened R.S. The charge against them was that they cremated a dead body in R.S. 555/13 of Cherukunnu amsom which is a place within a distance of 100 yards, from dwelling houses and wells.

2. The fact that the dead body has in fact been cremated by the accused is amply proved and is not seriously disputed.

R. 5 says:

"No person shall bury, burn or otherwise dispose of, or cause or suffer to be buried, burnt or otherwise disposed of, any corpse in any place within a hundred yards of a dwelling place or source of drinking water supply other than a place provided, registered or licensed as aforesaid."

So the prosecution has to prove that the site where cremation took place is not a place provided, registered or licensed and that it is within a hundred yards of dwelling house or source of drinking water supply. That it is within 100 yards of dwelling houses or source of water supply is proved and is not disputed. The only question that remains is whether it is not in a place 'provided, registered or licensed.' There is no case