JUDGMENT

This appeal is preferred against the judgment and order dated 23.06.2011 passed by the court of I Additional District and Sessions Judge At Mysore in Spl.Case No.112/2018.

Vide impugned judgment the accused/appellant has been convicted and sentenced for offence punishable under Section 138(1)(a) of the Electricity Act 2003 , Section 429 IPC and Section 9 r/w Section 51 of Wild Life (Protection) Act.

2. Heard both sides and perused the material on record.

3. Brief facts of the prosecution case are that:

The land of the accused bearing Sy.No.34 is situated at Dadadahalli, Beddalapura, H.D.Kote talluk. He had grown Sugarcane and Tobacco in the said land. He had drawn electric connection unauthorisedly using aluminium wire, from the pump house situated in the land to the solar fence put up by him around his land. P.W.2 who is working as forest watcher in the Maleyur forest range, while on patrolling duty on 30.07.2008, noticed a male elephant lying dead in the land of the accused. He informed the same to P.W.1-Range Forest Officer working in Range Forest Office, Malayur. P.W.1 visited the spot and found that the elephant died on account of coming into contact with the solar fence