A NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition is from the order of the District Magistrate of Trichur confirming the order of the Sub Magistrate of Mukundapuram, in C. C. No. 387 of 1959 convicting the petitioner under S.42 (1) and S.123 of the Motor Vehicles Act.

(2.) The petitioner, a Motor Lorry Driver, was driving Motor Lorry, KLR. 1766 on 16-2-1959 along the Amballur-Palappilly Public Road in Mukundapuram Taluk, Trichur District. By about 6.30 P.M. on that day, Head Constable No. 133 of Puducad Station checked the lorry at Palappilly. The permit of the lorry authorised the Lorry to be plyed only along the First Class roads in the State excepting those in Cochin Kanayannur Taluk and according to the prosecution, the Amballur-Palappilly Road being a road not classified as a First Class Road, the plying was without a valid permit and hence a charge was laid before the Court of the Sub Magistrate of Mukundapuram for offences under S.42 [1] read with S.123 of the Motor Vehicles Act against the owner of the lorry as 1st accused and the petitioner as 2nd accused. The 1st accused the owner, pleaded guilty to the charge and was fined Rupees 25 only by the court. The petitioner, the 2nd accused appeared and pleading not guilty contested the case.

(3.) The prosecution examined the Head Constable who detected the alleged offence and one other witness namely, Sry.P.K. Thresia, Executive Engineer, Buildings and Roads, Trichur to prove the case. Both of them gave evidence that the classification of the roads in the erstwhile Cochin State into First Class, Second Class, etc., had ceased to exist after the integration and the only classification recognised thereafter was that the National High Way, Provincial High Ways, District Roads and Village Roads. No record to prove the original classification itself was produced and Pws. 1 and 2 had no definite and consistent version to give about it. According to Pw. 1 there were three classes and the Amballoor-Palappily Road was included in the third class. He added that he got that information by looking into the records and by questioning the P.W.D. Officers. However Pw. 2 would say that though this road is not specifically included in any category, because of the fact that all main roads were classified as Class I Roads and the rest as Class II Roads, this being not a main road it should come in the second category.