M. NAGARAJAPPA Vs. STATE

JUDGEMENT

(1.) Learned District and Sessions Judge at Chamarajnagar (henceforth for brevity hereinafter referred to as "Trial Court") by his order dated 15.09.2010 passed in Special Case No. 2/2008 convicted the appellant herein for the offence punishable under Section 135 of the Indian Electricity Act and under Section 51 of the Wild Life Protection Act and accordingly sentenced him. It is against the said judgment of conviction and order on sentence, the accused has preferred this appeal.

(2.) The summary of the case of the prosecution in the trial Court is that; on 30.07.2007, the accused has dishonestly abstracted the electrical energy from the electrical pole of CHESCOM and unauthorisedly, given power connection to the zinc wire fencing put around the land bearing Sy. No. 76/1 situated at Bommanahalli Village, in order to protect the crop grown by him and an elephant came in contact with the said live wire fencing and died due to electrocution. Thus, the accused committed an offence punishable under Section 135 of the Indian Electricity Act and under Section 51 of the Wild Life Protection Act. The charges were framed accordingly for the said offences.

(3.) Since the accused pleaded not guilty, trial was held by the trial Court wherein, in order to prove the alleged guilt against the accused, prosecution got examined 12 witnesses from PWs.1 to 12 and got marked the documents as Exs. P1 to P13 and material objections at MOs.1 to 5. Neither the accused led any defence evidence nor produced any documents as exhibits from his side.