electrocution. It is alleged that the Petitioner being the Jr. Engineer (Electrical) did not disconnect the electricity supply to the overhead 11 KV lines. There is no allegation whatsoever that he did so deliberately with the specific intention of causing death of the animal. The only allegation is, he failed to disconnect electric supply to the 11 KV transmission lines despite being aware of the movement of elephants. The question is, whether the omission to disconnect electric supply can come within the purview of ‘hunting’. It is to be noted that unlike the Indian Penal Code, Section 32 of which provides that words which refer to acts done extend also to illegal omissions, there is nothing in the Wildlife (Protection) Act, 1972 akin to such provision. On the contrary, the acts referred to under Section 2(16) to define ‘hunting’ such as, killing poisoning, capturing, coursing, snaring, trapping, driving, baiting, injuring, destroying, damaging etc. are all positive acts. Even attempt to do such acts shall come within the purview of ‘hunting’. But there is nothing in the provision, which even remotely refers to any omission so as to be included within the definition of ‘hunting’ or even resulting in death of a wild animal.
