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 K.P. Thomas. Shortly after 11 A.M. Sri Thomas was called into the chambers of the Magistrate and the case was called. He represented that the complainant was on his way to the court and that his counsel Sri C P. Mohammed was ready with the case and would be in court presently. Sri Thomas was asked to fetch the complainant and his counsel. Sri Thomas i