April 8, 2013

Mane killed 9: Judge


Additional sessions judge VK Shewale on Wednesday held Maharashtra State Road Transport Corporation (MSRTC) bus driver Santosh Mane guilty of the murder of nine people who died after being mowed down by Mane's bus on January 25, last year.
Santosh Mane inside the police van outside Shivajinagar Court on Wednesday.
Additional sessions judge VK Shewale on Wednesday held Maharashtra State Road Transport Corporation (MSRTC) bus driver Santosh Mane guilty of the murder of nine people who died after being mowed down by Mane’s bus on January 25, last year.

Judge Shewale disbelieved the insanity ground of Mane, while discrediting defence witnesses psychiatric Dr Dilip Bhurte and Shivnand Gangadhar Shete who had claimed that Mane was undergoing psychiatric treatment.

Judgment on the quantum of punishment will be pronounced by the judge on Monday. Before that, district government pleader Ujjwala Pawar and defence lawyers Dhananjay Mane and Jaideep Mane will argue on the mitigating and aggravating circumstances in the case.

Mane sat still in the accused box with no repentance or remorse when the judge read the judgment and pronounced him guilty.

Judge Shewale has held Mane guilty under relevant sections of Indian Penal Code, 1860, comprising murder, attempt to murder, theft, property damage and the Prevention of Damage to Public Property Act, 1984.

The crime
On the morning of January 25, 2012, Mane had hijacked a state transport (ST) bus from Swargate depot and went on a rampage killing people besides damaging over 25 vehicles. The police and citizens managed to stop the bus near Neelayam Theatre Bridge after a hot pursuit lasting 45 minutes and covering 15 kms.

“During his road rampage, he (Mane) did not dash buildings. This speaks volume. Therefore, no man of prudence can say that he was insane at the time of the incident. Considering his demeaning act, it is hard to believe that he did not know the consequences of his rash driving.

Even when police constables Bapu Lonkar, Shivaji Tapare and Sandip Sutar tried to stop him and opened fired at the bus, Mane tried to mow them down. Later, when the cops asked him why he did it, Mane had replied that it was none of the policemen’s business,” the judge said.

The judge observed, “This speaks about his (Mane) sound mind. When the bus was finally stopped, a mob thrashed him inside the driver’s cabin and also in the autorickshaw when he was being taken away. He had tried to flee from police custody while being taken to a safe place. He had the intention of committing the murder of people.”

On defence lawyer’s claim on treatment given to Mane by Solapur-based psychiatrist Dr Burte, the judge gave his observation.

He said, “Mane had taken sick leave for a month between February 14 and March 17, 2010, saying he was suffering from viral hepatitis. He did not mention symptoms like lack of sleep, loss of hunger, suspicious ideas of persecution, mood swings and others for which Dr Burte claims to have treated him. Dr Burte testified that he had diagnosed him of mania and administered with electro-convulsive therapy (ECT) which was given to Mane not once but four times. But there is no certificate in this regard. The defence took undue advantage of Mane’s sick leave in 2010 and falsified evidence which is an afterthought.”

The judge called for prosecution of Dr Burte for misleading the court as Mane’s medical history records is not in order. The judge observed, “I think Dr Burte has given false evidence and the court has sought an explanation from Dr Burte as to why action for perjury should not be taken against him.”

The judge said that Mane’s behaviour was rational during the trial. “On the first day of recording Mane’s statement under Code of Criminal Procedure, he gave proper answers but the next day he replied ‘I don’t remember’ to the questions put to him,” the judge said.

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