A bench of Justice V K Tahilramani and Justice P D Kode will hear the case.
“The hearings in the high court will start in July. We were not happy with the outcome of the trial in the sessions court. The accused was not even given an opportunity to present his side as per the provision before he was awarded the death penalty. We are hoping that the high court will take a lenient view on account of the mental unsoundness of the accused,” said advocate Jaideep Mane.
On April 8, Mane was awarded the death sentence by an additional sessions judge who declared his crime as rarest of the rare. He was convicted under Sections 381, 302, 307, 324 and 427 of the Indian Penal Code (IPC).
On January 25 last year, Mane hijacked an ST bus from Swargate depot and went on a rampage, killing nine people and injuring 37 besides damaging over 25 vehicles.
During the course of trial while the prosecution maintained that Mane was in a complete sound state of mind when he committed the crime, the defence had claimed that Mane was suffering from a psychiatric disorder when he committed the act and should be given advantage under Section 84 of the IPC. The defence had also produced a Solapur-based psychiatrist Dr Dilip Burte before the court who claimed to have treated Mane for ‘mania’ for a period of over one year.
However, the court held that Mane visited Burte’s clinic just once and that Burte falsified the records to help the defence. The court had also served a notice on Burte for misleading the court.
Burte’s lawyer recently submitted in the court that whatever he said and the documents he submitted were true and bore his signatures.
Source : http://m.indianexpress.com/news/high-court-admits-mane-plea-against-death-penalty/1115038/