This appeal is preferred by the accused feeling

aggrieved by the Judgment and order of conviction and

sentence passed by the I Additional District and Sessions

Judge, Mysore, in Spl. Case No.101/2008, wherein, he

has been convicted and sentenced for the offences

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 sides and perused the material on

record.

3.

It is the case of prosecution that the accused

has unauthorizedly drawn electricity connection to the

fence

put

up

by

him

around

his

land

bearing

3

Sy.No.91/6 P-2 of Naganapura village, Hullalli Hobli,

Nanjangud Taluk. On 24.11.2007, a female elephant

came in contact with the said fencing and died due to

electric shock.

4.

Charges were framed against the accused for

offences punishable under Section 9 r/w Section 51 of

the Wild Life (Protection) Act, 1972, Section 429 IPC and

Sections 39 and 44 of Indian Electricity Act, 2003.

5.

In order to bring home the guilt of the

accused, the prosecution got examined 15 witnesses and

got marked 18 documents.

6.

The Trial Court has come to the conclusion

that the accus