DTD:29.06.2011 PASSED BY THE I ADDL. DISTRICT AND

SESSIONS

JUDGE,

MYSORE

IN

SPL.C.NO.111/2008-

CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE

P/U/S 138(1)(a) OF THE ELECTRICITY ACT 2003, SECTION 429

IPC AND SECTION 9 READ WITH SECTION 51 OF THE WILD LIFE

(PROTECTION) ACT, 1972.

2

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT ON 11.02.2022, COMING ON FOR

8PRONOUNCEMENT

JUDGMENT9

THIS

DAY,

COURT

DELIVERED THE FOLLOWING:

JUDGMENT

The appellant/accused has filed this appeal under Section

374(2) of Criminal Procedure Code, 1973 (8Cr.P.C9 for short)

challenging the judgment of conviction and order of sentence

dated 29.06.2011 passed by the I Additional District and

Sessions Judge, Mysore, in Special Case No.111/2008 (8trial

Court9 for short) whereby the learned Sessions Judge has

convicted the accused/appellant herein for the offences

punishable under Sections 138(1)(a) of the Electricity Act, 2003

(8Electricity Act9 for short), Section 429 of Indian Penal Code,

1860 ( 8IPC9 for short) and Section 9 read with Section 51 of

the Wild Life (Protection) Act, 1972 ( 8WLP Act9 for short).

2.

For the sake of convenience, the parties herein are

referred as per original ranking before the trial Court.

3. The brief facts leading to the case of prosecution are

that, appellant/accused is the owner of the land bearing Sy.

3

No.15 in Chengowdanahalli bordering Hediyala of H.D. Kote

Taluk. He put-up the Solar Fence around the said land. At a

distance of 15 meters from the land, there was an electric pole.

It is the further case of the prosecution that, on 08.02.2008,

PW.13Sri. B.R. Nagaraju, who was working as Range Forest

Officer in Wild Life Range, Beeravalu, received an information

that, in the land of the appellant/accused an elephant was lying

dead. Immediately, he rushed to the spot along with PW.2-

Mahadeva, who was also an officer of the Forest Department and

there, they found a female elephant lying dead due to

electrocution. He has also noticed that some disconnected

electric wires from the near by electric pole were lying there and

hence, he lodged a complaint with jurisdictional police at about

1.45 p.m.. On the basis of the said complaint, a case came to

be registered in Crime No.13/2008 for offences punishable under

Sections 429 of IPC, Section 135 of Electricity Act and Section

51 of WLP Act. Subsequently, charge sheet was submitted for

offence under Section 138 of the Electricity Act along with

Section 429 of IPC and Section 9 read with Section 51 of WLP

4

Act

by

the

Investigating

Officer,

after

completion

of

investigation.

4.

After submission of charge sheet, cognizance of the

alleged offences was taken and the accused appeared through

his counsel and was enlarged on bail. The charges framed

against the accused were read-over and explained to the

accused in respect of offence under Section 138 of the Electricity

Act along with Section 429 of IPC and Section 9 read with 51 of

WLP Act. The accused pleaded not guilty and claimed to be

tried.

5.

In order to prove the guilt of the accused, the

prosecution has examined Eleven witnesses as PWs.1 to 11 and

also got marked Seventeen documents as Exs.P1 to P17 and

Two material objects as MOs. 1 & 2.

6.

After conclusion of the evidence of prosecution, the

statement of accused under Section 313 of Cr.P.C. was recorded

and he has denied the incriminating evidence appearing against

him in the case of prosecution. He has given explanation that, a

high voltage electric wire lying near his land and an iron electric

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pole is installed near by his land and by the side of electric pole,

there is a tree and due to grounding, the elephant died when it

came in contact with said electric wire.

7.

After hearing arguments and after perusing the oral

and documentary evidence, the learned Sessions Judge found

that, accused has committed offense under Sections 138(1)(a)

of Electricity Act, Section 429 of IPC and Section 51 of WLP Act

and accordingly convicted him by i