This appeal is preferred by the accused feeling

aggrieved by the Judgment and Order dated 28.11.2011

passed by the I Additional District and Sessions Judge,

Mysore, in Spl. Case No.27/2009, wherein, she has been

convicted and sentenced for the offence punishable

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

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

the Wild Life (Protection) Act, 1972.

2.

Heard both side and perused the material on

record.

3.

The case of the prosecution is that the

accused is the owner of land bearing Sy.No.52/113 of

Beeramballi

village,

Antharasanthe

Hobli,

H.D.Kote

Taluk. She has grown sugarcane in the said land and

3

fenced the land with alluminum wire and has given

electric connection to the said fencing by drawing

electricity unauthorizedly from the power station situated

in the land. On 29.10.2008, a female elephant came in

contact with the electric fence which was erected around

the land of the accused and died due to electrocution.

4.

Charges were framed against the accused for

offences punishable under Section 135 of the Electricity

Act, 2003, Section 429 of IPC and Section 9 read with 51

of Wild Life (Protection) Act, 1972.

5.

I