JUDGMENT :

In this appeal, the appellant is challenging the judgment of conviction and order of sentence rendered by the trial Court in Special Case No.75/2008 dated 12.04.2011 whereby it convicted the appellant for the offence punishable under Section 429 of IPC, besides the offences under Sections 135 and 138 of the Electricity Act, 2003, so also the offence under Section 51 of the Wild Life Protection Act, 1972. The appellant is seeking to allow the appeal and to set aside the judgment of conviction and order of sentence rendered by the trial Court and acquit the accused.

2. It is transpired in the case of the prosecution that, on 04.12.2007 at around 7.15 p.m. PW.1 complainant has filed the written complaint as per Ex.P1 before Sargur Police, H.D.Kote Taluk alleging that on the same day at about 2.30 p.m. he received information from his staff member Sri Somaraje Urs who is examined as PW.2 and one Krishna regarding death of female elephant within Maliyur Forest Range. Immediately he reached to the spot where he noticed that wild elephant had died in the land belonging to one Raju son of Siddegowda, wherein said Raju had planted wooden clubs surrounding his land and had drawn the