MADASHETTY – Appellant
Versus
STATE OF KARNATAKA – Respondent
This appeal is filed by the accused/appellant under
Section 374(2) of Criminal Procedure Code, 1973 (8Cr.P.C.9 for
short) challenging the judgment of conviction dated 20.06.2011
passed by the I Additional District and Sessions Judge, Mysuru
in Special Case No.77/2008, whereby the learned Sessions
Judge has convicted the accused for the offence punishable
under Section 138(1)(a) of the Electricity Act ,2003 ( Electricity
Act9 for short), Section 429 of Indian Penal Code, 1860 (8IPC9
for short) and Section 51 of Wild Life (Protection) Act, 1972 (
8WLP Act9 for short).
2.
For the sake of convenience, the parties herein are
referred with the original ranks occupied by them before the
trial Court.
3.
The brief facts of the prosecution case are that, the
accused is the owner of the land in Chikkabaragi of H.D. Kote
Taluk. On 16.03.2008, PW.7-M.Mahadevaiah, working as Forest
3
Guard was on patrolling duty and when he was proceeding from
Chikkbaragi to Doddabaragi along with CW.3-Devaraju, he
found that some eagles flying over the land of accused and as
such, he went there and found a dead elephant. He also
noticed that the solar fence has been put-up around the land
of the accused an
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