Heard.

2.

Aggrieved by the order of conviction and

sentence passed against him for the offences punishable

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

short 8the Act9), Section 429 of IPC and Section 9

punishable under Section 51 of the Wild Life (Protection)

Act,

1972

(for

short

8WLP

Act9),

the

accused

in

Spl.C.No.53/2009 on the file of the I Additional District and

Sessions Judge, Mysuru has preferred the above appeal.

3.

The

appellant

was

prosecuted

in

Spl.C.No.53/2009 for the offences punishable under

Section 135 of the Act, Section 429 of IPC and Section 51

of WLP Act on the basis of the charge sheet filed by

Saragur Police in Crime No.14/2009 of their police station.

4.

The case of the prosecution in brief is as

follows:

The appellant had fenced his land situated within the

limits of Halasooru Village with barbed wire fencing to

prevent the entry of the elephants into his house. He had

a pump house in the said land. He had unauthorizedly

tapped electricity from electricity line of pump house to

the solar fencing and barbed wire fencing of his land.

During the night of 06.02.2009, an elephant came to the

land of the appellant searching food, came in connection

with the said live fencing wire and died due to

electrocution.

5.

Regarding the incident, PW.3 Range Forest

Officer of Saragur Forest filed the complaint as per Ex.P3

before PW.11 Police Sub-Inspector of Saragur Police

Station. On the basis of Ex.P3, PW.11 registered the first

information report as per Ex.P22 for the offences

punishable under Section 429 of IPC, Section 135 of the

Act and Section 51 of WLP Act against the appellant.

6.

On the requisition of PW.11, PW.7 Junior

Engineer said to have conducted spot inspection and

submitted his report as per Ex.P19 to the effect that the

electricity was drawn from the pump set to the barbed wire

4

fencing. PW.10 after examining the witnesses, carried out

part of the investigation and handed over further

investigation to PW.11.

7.

PW.11 claims to have conducted the spot

mahazar as per Ex.P1 in the presence of PWs.1 and 5 and

got the postmortem report of the dead elephant conducted

through PW.9 veterinary doctor. During mahazar, he said

to have seized MOs.1 to 3 service wire, zinc wire and

barbed wire and collected photographs Exs.P4 to P15 and

issued requisition to the Electricity Department to submit

the

report

about

electricity

connection

and

after

completing the investigation filed the charge sheet.

8.

The

appellant

denied

the

substance

of

accusation

and

claimed

trial.

Therefore

trial

was

conducted. In support of its case, the prosecution

examined PWs.1 to 11 and got marked Exs.P1 to P22 and

MOs.1 to 3. The appellant after his examination under

Section 313 of Cr.P.C., did not lead any defence evidence.

5

9.

The trial Court on hearing both side, by the

impugned order convicted the appellant for the offences

punishable under Section 138(1)(a) of the Act and Section

429 of IPC and Section 9 r/w Section 51 of WLP Act and

imposed the following sentence:

Sl.

No.

Offences Under

Section

Sentence

Fine

Amount

Default

Sentence

1.

138(1)(a) of the

Act

-

10,000/-

S.I. for 6

months

2.

429 of IPC

-

10,000/-

S.I. for 6

months

3.

9 punishable

under Section 51

of WLP Act

R.I. for 3

years

10,000/-

R.I. for 6

months

10.

Aggrieved by the said order of conviction and

sentence, the above appeal is filed.

Submissions of Sri M.V.Charati, learned Counsel for

the appellant assailing impugned judgment and order:

11.

Section 55 of WLP Act bars the Court from

taking cognizance of any offence under the Act unless a

complaint is filed by the person specified in clauses (a) to

(c) of the said provision. Complaint means the complaint

under Section 2(d) of Cr.P.C. which shall be filed before

6

the Magistrate and not before the Police. But the trial

Court took cognizance of the offence based on the police

report filed by PW.10. PW.10 is not a notified officer.

Therefore, the whole trial for the offence under Section 51