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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MR.JUSTICE K.SOMASHEKAR

CRIMINAL APPEAL NO.447/2011

BETWEEN:

PRABHA

S/O. PUTTASWAMAPPA

AGED ABOUT 31 YEARS

HIREHALLI THEKKALU

H.D.KOTE TALUK

MYSORE DISTRICT.

...APPELLANT

(BY SRI K.HEMANTH KUMAR, ADVOCATE)

AND:

STATE BY S.H.O

OF SARAGUR POLICE STATION

...RESPONDENT

(BY SRI RAHUL RAI.K., HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(2) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT OF

CONVICTION AND ORDER OF SENTENCE DATED 12.04.2011

PASSED BY I-ADDITIONAL SESSIONS & SPECIAL JUDGE,

MYSORE IN SPECIAL CASE NO.75/2008.

THIS CRIMINAL APPEAL COMING ON FOR DICTATING

ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

In this appeal, the appellant is challenging the

judgment of conviction and order of sentence rendered by

the trial Court in Special Case No.75/2008 dated

12.04.2011 whereby it convicted the appellant for the

R

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offence punishable under Section 429 of IPC, besides the

offences under Sections 135 and 138 of the Electricity Act,

2003, so also the offence under Section 51 of the Wild Life

Protection Act, 1972. The appellant is seeking to allow the

appeal and to set aside the judgment of conviction and

order of sentence rendered by the trial Court and acquit

the accused.

2.

It is transpired in the case of the prosecution

that,

on

04.12.2007

at

around

7.15

p.m.

PW.1

complainant has filed the written complaint as per Ex.P1

before Sargur Police, H.D.Kote Taluk alleging that on the

same day at about 2.30 p.m. he received information from

his staff member Sri Somaraje Urs who is examined as

PW.2 and one Krishna regarding death of female elephant

within Maliyur Forest Range. Immediately he reached to

the spot where he noticed that wild elephant had died in

the land belonging to one Raju son of Siddegowda,

wherein said Raju had planted wooden clubs surrounding

his land and had drawn the wire to the said fence. On

03.12.2007 during night hours he had given unauthorised

electric connection to the wire in the fence and the wild

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elephant came there in search of food and came into

contact with the live wire and had died at the scene of

crime due to electrocution. Therefore the said person

namely Raju is responsible for the death of wild elephant.

3.

In pursuance of the act of the accused and

also of filing of the complaint by PW.1, case in Crime

No.139/2007 was registered by Sargur police station,

H.D.Kote Taluk. Subsequent to registration of the crime

for the offences which are reflected in the first information

report, the Investigating Officer has taken up the case for

investigation and conducted the spot mahazar in the

presence of panch witnesses and also during the mahazar,

the investigating Officer is said to have seized wooden

clubs in terms of peg which were used for drawing fence.

The wild elephant had lost its breathe due to electrocution.

The postmortem examination was conducted on the

deceased wild elephant and the Investigating Officer also

recorded the statements of witnesses, apart from securing

the report from CESE Sargur Office with regard to supply

of

electricity

in

that

area.

After

completion

of

investigation, the Investigating Officer has laid the charge

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sheet

against

the

accused

namely

Prabha

S/o.

Puttaswamappa to face the trial before the Court of I

Additional Sessions and Special Judge, Mysuru.

4.

Subsequent to filing of charge sheet against

the accused, the presence of the accused was secured to

face trial and the charges were framed against the

accused. But the accused did not pleaded guilty but

claimed to be tried. Accordingly, the plea of the accused

has been recorded separately. Thereafter the prosecution

in all examined PW.1 to PW.12 and got marked Exs.P1 to

P12 apart from MOs.1 and 2 were also got marked.

5. Subsequent to closure of the evide