VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dtd. 27/6/2011 passed by the I Addl.District and Sessions Judge, Mysore in Spl.Case No.76/2008.

(2.) Heard both sides and perused the material on record.

(3.) Brief facts of the case of the prosecution are that: The accused has a land in Doddabaragi of H.D.Kote Taluk. On 5/1/2008, PW.1 and PW.2 working in the Forest Department were on patrolling duty in Chikkabaragi forest area. Doddabaragi is within the limits of Chikkabaragi forest area. They found eagles flying over the land of the accused and when they went to the place where eagles were flying, they found a dead elephant. It had died due to electrocution. It was lying in the land of the appellant/accused. Sugarcane was grown in that land. Fence has been put up around the land and electric connection was taken to the fence from an electric pole. On seeing this, they passed the information to PW.10, Assistant Conservator of Forests who went to the spot and observed all these things and gave complaint to Saragoor police.