HC relief for Pune ST driver who mowed down 9 people

The Bombay High Court on Saturday set aside the death sentence awarded to Santosh Mane, a state transport bus driver, who on January 25, 2012, hijacked a bus from Swargate depot, Pune and mowed nine people, injured 37 and damaged over 25 vehicles.

JD Mane, the counsel of the accused, argued that the defence as prescribed by the CrPC, was not given an opportunity to argue the case by the trial court in Pune. Additional public prosecutor Madhvi Mhatre disagreed and claimed that the defence was given a chance to put forth their argument before the death penalty was awarded.

The division bench of justices PV Hardas and PN Deshmukh, who were hearing the case in the High Court, noted that the records of the trial court did not reflect that defence was given an opportunity to argue.  The HC has directed that Mane be produced before the trail court in Pune on October 15, where his counsel will be given a chance to argue on the death sentence.

On April 8, an additional sessions judge at Pune termed Mane’s crime as rarest of the rare and awarded him death sentence. The prosecution argued that Mane was in an absolutely sound state of mind when he committed the crime.

However, the defence had claimed that Mane was suffering from a psychiatric disorder, when he committed the act, and should therefore be given advantage under Section 84 (act of person of unsound mind) of the IPC.

The defence produced a Solapur-based psychiatrist Dr Dilip Burte before the court, who claimed to have treated Mane for ‘mania’ for over a year. However, the court held that Mane visited Burte’s clinic just once and that Burte falsified the records.