MOHANTY, J.

( 1 ) THIS is an appeal by the Government under Section 417, Cr. P. C. , from the order of the Magistrate, 1st Class, acquitting Sri R. K. Patnaik of the charges under sections 409, 420 and 465, I. P. C.

( 2 ) THE accused Radhakanta Patnaik was the section officer, Manijanga, under the s. D. O. , P. W. D. , Jagatsingpur, in December 1950. On 17-12-1950, the then chief Engineer Mr. Shaw, Irrigation Department, Orissa, intimated to the S. D. O. , p. W. D. , Jagatsingpur, that he would tour on the canal embankment from Santra bundh to Paradwip from 24th to 27th December, 1950. He wanted the canal bund to be made motorable, vide Ext. 1. The S. D. O. (P. W. 1) directed the accused to

"keep the canal embankment from Anantapur to Paradip in motorable condition on 26th and 27th December", vide Ext. I-a. The order was communicated to the accused on 20-12-50, vide Ext. I-b. The evidence on the record is to the effect that the accused-section-officer personally came to S. D. O. 's office, where the order was communicated to him on the morning of 20-12-1950. The evidence of the S. D. O. (P. W. 1) shows firstly, that he instructed the accused to engage labourers departmentally on