The main legal point established is the liability of the accused for the death of the elephant due to electrocution from an unauthorized electric fence, leading to convictions under the Electricity Act and IPC.

JUDGMENT

1. This appeal is preferred against the Judgment and Order dated 22.06.2011 passed by the Court of I Additional District and Sessions Judge, Mysuru, in Special Case No.26/2009, wherein the accused/appellants are convicted and sentenced for offences punishable under Sections 138(1)(a) of the Electricity Act, 2003, Section 429 of IPC and Section 9 r/w Section 51 of the Wild Life Protection Act.

2. Heard the learned counsel for appellants and the learned High Court Government Pleader for State and perused the material on record.

3. Brief facts of the prosecution case are that, on 31.10.2008 at around 10.00 a.m., P.W.2 who was working as a watcher in the Forest Department was informed by some boys about the death of an elephant in the land belonging to P.W.4-D.Sundar Das. Immediately he went to the spot and found a dead elephant and also noticed that there was a solar fence put up around the land and there was a pump house and from the said pump house, electric connection had been taken unauthorizedly to the solar fence. He passed the information to P.W.1 who was working as Range Forest Officer in Antharasanthe Wild Life Range. P.W.1 on getting the information, went to the spot and after confirming that the elephant had died coming into contact with the electric fence put up around the land, lodged a complaint as per Ex.P1.

4. P.W.9 is the Investigation Officer who took up the investigation and after completion of the investigation filed charge-sheet against the accused/appellants.

5. In order to bring home the guilt of the accused, the prosecution got examined P.Ws.1 to 11 and got marked documents Exs.P1 to 11 and M.Os.1 to 3.

6. Amongst the prosecution witnesses, P.Ws.3, 5, 10 and 11 have been treated hostile and they have not supported the case of prosecution.

7. P.W.1 is the first informant who was working as Range Forest Officer. He lodged the complaint as per Ex.P1. He has stated that on 31.10.2008 at 10.30 a.m., he was informed by C.W.2 [P.W.2] about the death of an elephant in Sy. No.17 and immediately he went and examined the spot and found that there was a solar fencing put up around the said land and the elephant was seen lying dead inside the land. He has also deposed that about 100 meters away, there was a pump-set from which unauthorizedly electric connection was taken to the fencing around the land. The said evidence of P.W.1 has been corroborated by the evidence of P.W.2. Further, from the spot, M.Os.1 to 3 viz., insulated wire, binding wire and bamboo sticks were seized.

8. Though P.W.3 has been treated hostile, he has stated in the chief-examination that the accused were cultivating the land. The evidence of P.W.4 viz., the owner of the land also clearly reveal that the land was taken on lease by the accused persons. The prosecution has got marked Exs.P4 and 5 viz., Lease Agreement copies entered into between P.W.4 and the accused. P.W.4 has also stated in his evidence that the accused had erected solar fence around the land in question.

9. P.W.6 is the doctor, who conducted the postmortem as per Ex.P7. According to the report, the elephant died on account of electrocution.

10. P.W.7 is the Junior Engineer, who has given a report as per Ex.P8 stating that there was electricity supply on the date of the incident.

11. Though it is contended by the learned counsel for the appellants that the accused are not the owners of the land in question and there is no evidence to show that they were either cultivating the land or that they have erected electric fencing in the land in question, nothing worthwhile is elicited from the prosecution witnesses to disbelieve their evidence. In view of the evidence of the above prosecution witnesses, the prosecution has been able to establish that the land in question i.e., Sy. No.17, situated at K.R.Pura village belonging to P.W.4 was taken on lease by the accused persons and they were cultivating the said land. The material on record also discloses that an electric fence was put up ar