Showing posts with label santosh mane. Show all posts
Showing posts with label santosh mane. Show all posts

Thursday, February 7, 2019

Supreme Court commutes Santosh Mane’s death sentence to life term (Maharashtra)

By Express News Service |Pune |Published: January 10, 2019 4:44:39 am

On January 25, 2012, Mane, then 41 years old, had hijacked a state transport bus and mowed down nine persons with it. Mane, who was a state transport bus driver, had reported to work around 7 am at the Swargate bus depot, instead of his scheduled time of 10.30 am

Mane, then 41 years old, had hijacked a state transport bus and mowed down nine persons with it.
The Supreme Court on Wednesday commuted the death sentence awarded to Santosh Mane, convicted of mowing down and killing nine persons in Pune in 2012, to life imprisonment. Mane had been awarded the death sentence by a sessions court in 2013, which had said the crime fell in the rarest of rare’ category. A year later, the Bombay High Court had upheld the death penalty. It had rejected the plea by the defence, which had argued that Mane should be acquitted of the murder charges as he had committed the crime while he was ‘mentally unsound’. 

On January 25, 2012, Mane, then 41 years old, had hijacked a state transport bus and mowed down nine persons with it. Mane, who was a state transport bus driver, had reported to work around 7 am at the Swargate bus depot, instead of his scheduled time of 10.30 am. He had taken out a bus from the depot using a master key and then gone on a rampage, knocking down many two-wheelers, four-wheelers and pedestrians on the route, before he was stopped by local residents and police. By that time, Mane had traversed 15 km, across Golibar Maidan, Bhavani Peth, Gultekdi, Satara Road and Sinhagad Road. As many as 37 persons were injured in the incident.

Amol Chitale, who represented Mane in the Supreme Court, told The Indian Express over the phone, “Since the beginning, the defence’s plea was that at the time of committing the offence, Mane was not mentally stable and so Section 84 of the Indian Penal Code should have been applied. However, the trial court and the High Court had rejected this plea and had awarded the death penalty to him.” IPC’s Section 84 states that ‘nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.’ Chitale added, “In the Supreme Court, we continued our defence on the same tenet, that at the time of the offence, he was mentally unsound… this was brought to light from observations when he was under psychiatric evaluation for some days after the incident. Today, the Supreme Court has commuted his death sentence to life imprisonment. The detailed judgement is yet to come.” Nishant Katneshwarkar, the standing counsel for the state of Maharashtra in the Supreme Court, said, “In our submission, we had opposed the defence’s plea of insanity. We argued that both the trial court and the High Court had considered the documents pertaining to the case and had rejected the plea that he was unstable.”

Advocate Dhananjay Mane from Solapur, who represented Mane in the trial court and also in the High Court, said, “It has been a long battle to prove that at the time of the incident, he was not in a sound state of mind. Police have tried all the ways to prove that he was not unstable. We welcome the Supreme Court’s verdict and will comment further after the detailed order.”

What Happened That Day

On the morning of January 25, 2012, some time after 7 am, Mane started the MSRTC bus using a ‘master key’. Then he started driving the bus on the wrong side of Shankar Sheth Road, towards Hotel Seven Loves, where he knocked down a vehicle. A local resident, who saw the incident, contacted the police control room at 8.05 am. Soon, two policemen on a motorcycle started chasing the bus. However, Mane continued to drive the bus at a high speed, and on the wrong side of the road in some stretches. He travelled about 15 km via Golibar Maidan, Bhavani Peth, Gultekdi, Maharashi Nagar, Satara Road, Mitramandal Chowk, Sarasbag, Sinhagad Road, knocking down two-wheelers, cars and pedestrians on the route. To stop the bus, Police Constable Deepak Kakade fired 10 rounds from his 9-mm carbine gun, but Mane did not stop. However, he was forced to slow down after the bus collided with two cars on Sinhagad Road. This helped local residents and police, who had given him chase, to overtake the vehicle and pull Mane out of the bus, at around 8.45 pm. Mane was taken into police custody and his victims were rushed to different hospitals in the city for treatment.

Mane’s ‘History of Illness’ 

While MSRTC officials claimed that Mane, a bus driver with the state transport service, was normal and had no history of medical problems, his wife and doctor had claimed that he was under stress and suffering from mental illness for the last two years. Mane was being treated by Dr Dilip Burate, a psychiatrist in Solapur. Speaking to the The Indian Express over the phone at the time, Burate had said, “Mane had come to me with complaints of hallucinations and was also saying many irrelevant things, as I remember the case and based on the documents that I have. He had come to me for a month… and I had given him medications. After that, he didn’t come.” When The Indian Express contacted Burate on Wednesday, he expressed his unwillingness to comment on the issue. Mane’s wife Sonali had said at the time of the incident, he was under severe stress due to work. “He had repeatedly requested the MSRTC not to give him driving duty on long routes. But he was forced to drive buses on long routes. He had faced problems earlier also due to work-related stress. So, he had also taken a month-long leave for treatment,” she had said at the time. Mane’s family members could not be reached for comment on Wednesday.

Source: https://indianexpress.com/article/india/supreme-court-commutes-santosh-manes-death-sentence-to-life-term-5531151/ (accessed 07 February 2019)

Thursday, May 28, 2015

Maharashtra: SC stays death for killer ST driver Santosh Mane

By Vijay Chavan, Pune Mirror | Apr 28, 2015, 02.30 AM IST

Court buys into the 'insanity' argument in the delayed plea placed before it.

In a significant twist in the tale, a three-judge bench of the Supreme Court of India last week put a stay on the execution of death penalty against State Transport driver Santosh Mane, who had mowed down nine people and injured 37 others near Swargate, in the morning of January 25, 2012.

The SC surprisingly allowed the Condonation of Delay (allowing the delay in filing the appeal), affidavit filed by Mane's lawyer, Dhananjay Mane, and allowed the appeal, claiming that since the driver was 'insane' his death sentence needed to be revoked.

In September last year, the Bombay High Court upheld the death punishment and the state was under the process to execute the punishment. With this stay now, the execution is postponed for an indefinite period.

Mane, through his lawyers Jaydeep Mane, Amol Chitale and advocate Dhananjay Mane, had filed the appeal before the bench of Chief Justice of India H L Dattu, Justice R K Agarwal and Justice Arun Mishra.

The bench has stated that till any further order, there should be no execution of death sentences, further asking the government to furnish details of the case and evidences. Time is also allowed for translation of documents in English, since most of the evidences of the case are written in Marathi. The next hearing is scheduled in May.

Speaking to Pune Mirror, advocate Dhananjay Mane said, "The bench of SC has considered the appeal plea, stating that the police and investigating agencies had issued wrong evidences against Mane and neglected to focus on vital medical evidences of Mane's psychiatric treatment. Besides this, the role of MSRTC authorities were also ignored while the hearing was on at both the Pune sessions court as well as Bombay HC."

Mane said the delay of completion of formalities was caused by "miscommunication while sourcing a certificate from Yerwada jail confirming his formal presence there for three years. The delay was caused despite filing the application well within the time frame".

This, said the advocate, has been conveyed to the SC bench, and extra time sought to translate voluminous documents from Marathi to English.

Regarding this development, an official from the district government pleader's office, said, on condition of anonymity, "The applicant has the responsibility to prove his innocence by describing the loopholes in the case. Subsequently, the state will submit its side since this was an exceptional case where the crime was so cruel, diabolical and revolting, that it shook the collective conscience of the society."

Janak Mane, Santosh Mane's older brother, refused to comment on this development, choosing to hold his words till the final judgment.

On that fateful day of January 2012, Mane was denied a change from night duty to day duty by his superiors at Maharashtra State Transport Corporation. Heckled, he hijacked the bus from the Swargate depot and drove wildly on the wrong side of the road and on one-way routes for 16 kms, killing and injuring many.



WHAT WAS SUBMITTED BEFORE SC

Advocate Mane said, "There is no doubt that Santosh Mane was insane and we are going to submit the same thing before the SC, as the prosecution has failed to prove that Santosh had any intention of going on a killing spree."

Quoting Section 84 (acts of a person of an unsound mind) of the IPC, the lawyer claimed that his client should get the benefit of insanity. Since he had no enmity with the deceased and others injured in the mishap, a case of murder cannot be established.


►► The bench of SC has considered the appeal plea, stating that the police and investigating agencies had issued wrong evidences against Mane and neglected to focus on vital medical evidences of his psychiatric treatment

- DHANANJAY MANE, Advocate


Friday, February 6, 2015

Bombay HC Confirms Death Penalty for Pune Rogue Driver


By IANS Published: 09th September 2014 02:35 PM Last Updated: 09th September 2014 03:03 PM MUMBAI: The Bombay High Court Tuesday confirmed the death sentence on Pune rogue driver Santosh M. Mane, who two years ago hijacked a state transport bus and killed nine people. The incident happened Jan 25, 2012 after he was denied a change from night duty to day duty by his superiors. In a fit of rage, he hijacked the bus from the busy Swargate Bus Depot in the heart of the city and drove wildly for nearly 16 km before he was forced to a stop. The incident left nine pedestrians dead, many were injured and several private and government vehicles as well as public and private property en route were damaged. Source: http://www.newindianexpress.com/nation/Bombay-HC-Confirms-Death-Penalty-for-Pune-Rogue-Driver/2014/09/09/article2422576.ece [last accessed 06.02.2015]

Can public outcry justify punishment? HC asks in Pune driver


Press Trust of India | Mumbai August 5, 2014 Last Updated at 20:19 IST Hearing the arguments on death penalty awarded by a lower court to Pune-based bus driver Santosh Mane, the Bombay High Court today asked the government to justify if "public outcry" should be a factor in deciding the quantum of punishment. Mane, a former driver with state transport, had mowed down nine people in Pune in a fit of maniacal driving in January 2012. The division bench of Justices V M Kanade and P D Kode is hearing state's plea for confirmation of his death sentence, as well as his appeal against the sentence. The court today also sought to know from the government if there was any possibility of the convict being reformed if his life was spared. The judges asked government pleader S S Shinde to cite previous judgements of the Supreme Court in favour of reformative punishment. On January 25, 2012, Mane had hijacked an empty bus from Swargate depot and drove it like a madman until the police and some passers-by caught up with him and stopped him. While the state has sought confirmation of death penalty saying that he committed a serious crime against the society, Mane's lawyer, advocate Jagdish Mane, sought leniency, considering that Santosh has a wife, two children and parents to look after and also because he is "mentally sick". The High Court has already upheld his conviction. Advocate Mane also argued that police suppressed the fact during the trial that Santosh was undergoing treatment for mental illness. The defence also pleaded insanity and sought Santosh's re-examination by a psychiatrist but the High Court turned down the plea. The arguments will continue tomorrow. Source: http://www.business-standard.com/article/pti-stories/can-public-outcry-justify-punishment-hc-asks-in-pune-driver-114080501683_1.html [last accessed 06.02.2015]

Maharashtra: Bus driver given death for mowing down 9 pleads 'unsound mind'

Jun 25, 2014 at 07:41pm IST

Mumbai: Santosh Mane, a former state transport bus driver, who has been awarded death penalty for mowing down nine persons in a fit of reckless driving on Pune roads in January 2012, on Wednesday pleaded before the Bombay High Court that he was of "unsound mind" at the relevant time. Mane's lawyer argued that he did not have the motive to commit such a heinous crime and that at the time of the incident he was of "unsound mind". 

A bench of Justices VM Kanade and PD Kode was hearing an appeal filed by Mane against his conviction by the Pune trial court. To a query by the bench whether the trial court had observed that he was of "unsound mind" at the time of the incident, the lawyer replied in the negative. However, the lawyer said, at the stage of remand, the driver had filed an application in the trial court saying that he was of "unsound mind" and for that he needed treatment. The court had then asked a psychiatrist to give him medical help. The lawyer further informed the bench that the trial court had rejected Mane's plea that he was of "unsound mind". The high court wanted to know whether Mane had challenged that order in a higher court. 

To this, lawyer replied in the negative but said he had a doctor's certificate saying Mane was of "unsound mind". However, the high court said that it was not sufficient to have a letter from the doctor about the accused being of "unsound mind". "You (Mane) cannot take such a plea just because you are being treated for this. The trial court should have given a finding to this effect," the bench said. The court was hearing an appeal filed by Mane against death sentence, along with the appeal on confirmation of death penalty given to Mane. In September, 2013, the high court had set aside the death penalty awarded to Mane, noting that the trial court had not heard him on the point of sentence. The court referred the matter back to the trial court, asking it to hear Mane again. The trial court subsequently once again awarded him death sentence. It reasoned that the crime was of the "rarest of the rare" category as Mane had killed people by running them over with an ST bus, fully conscious of the consequences. 

On January 25, 2012, Mane hijacked a state transport bus from Swargate depot in Pune city and went berserk as he drove it around, mowing down whoever came in his path. By the time police chased him down and stopped him, he had left nine people dead and 37 others injured.

Source: http://ibnlive.in.com/news/maharashtra-bus-driver-given-death-for-mowing-down-9-pleads-unsound-mind/481829-3-237.html [last accesse 06.02.2015] 

Thursday, May 16, 2013

High Court admits Mane plea against death penalty

 
Santosh Mane, the state transport bus driver who was awarded death penalty in a road rage case, has moved the Bombay High Court challenging the sessions court verdict. A plea filed by lawyer Jaideep Mane on the convict’s behalf was admitted by the high court on May 9.
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/