SANTOSH MARUTI MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the appellant and also the learned counsel appearing for the respondent-State.

(3.) Brief facts, in nutshell, are as follows. The appellant was working as a driver in Maharashtra State Road Transport Corporation since 08.08.1999 and, at the relevant time, he was working with Swargate S.T. Depot, Pune. On 25.01.2012, the appellant had requested Shashikant Damkale (PW-23), who was Assistant Traffic Controller of Swargate Depot, to change his duty from night out duty to single day duty. After PW-23 declined his request, he quietly walked out of his office and went to S.T. Bus which was standing in the Depot, entered it along with the key which was available with him, started the said bus and hijacked it. He took two rounds in the Bus Depot during which he knocked down and crushed to death 2 to 3 people. When he was asked to stop the bus by the Officers of the S.T. Depot, he took out the S.T. Bus, drove the vehicle on circuitous route for about 14 to 16 kilometers, killed another six people in the process of driving the vehicle in the most reckless manner, grievously injured 36 persons, some of whom are permanently disabled, and damaged the public property by driving his S.T. Vehicle over rickshaws, scooters, cars electric polls until he was finally stopped and apprehended by a Police man who entered the S.T. Bus from one of the windows.