ERASHETTY, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offences punishable under Sections 429, 201 r/w Section 34 of IPC, Sections 9, 39(1)(a) and (2) punishable under Section 51 of the Wild Life Protection Act and Section 39 of Indian Electricity Act 1910 on a trial held by the Sessions Judge, Chamrajanagar.

(2.) THE facts reveal that the appellant said to be the owner of the land bearing Sy.No.42 and 43 of Shivapur village had unauthorisedly taken electric connection to the live barbed wire fence and in the night of 06.06.2002, an elephant from the adjoining forest came in contact with live barbed wire fence and died due to electrocution. The appellant is said to have caused disappearance of evidence and buried the dead body of the elephant in a pit.

(3.) TO prove the aforesaid charge, the prosecution examined PW.1 to PW.11. In their evidence, the documents Exs.P1 to P12 and Mos.1 to 17 were marked. After recording the statement of the appellant under Section 313 of Cr.P.C., the trial Court heard the counsel and on appreciation of the evidence on record, convicted the appellant and ordered him to under go imprisonment for one year and to pay a fine of Rs. 5,000/ - for the offences under Sections 9 and 39 (1) punishable under Section 51 of Wild Life Protection Act r/w Section 429 of IPC and lesser sentence for further offences. Aggrieved by the judgment and order, the present appeal has been filed.