LAWS(BOM)-2014-9-17

STATE OF MAHARASHTRA Vs. SANTOSH MARUTI MANE

Decided On September 09, 2014
THE STATE OF MAHARASHTRA Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Confirmation Case No.2 of 2013 has been placed before us for confirmation of the sentence of death awarded by the Additional Sessions Judge Pune in Sessions Case No. 275 of 2012 to the Accused Santosh Maruti Mane. Criminal Appeal No.148 of 2014 has been filed by the Appellant/Accused, challenging the Judgment and Order passed by the Additional Sessions Judge in Sessions Case No. 275 of 2012 whereby he was pleased to convict the accused for the offences punishable under sections 381, 302, 307, 324, 427 of the Indian Penal Code and for the offence punishable under section 3(2) of the Prevention of Damage to Public Property Act, 1984.

(2.) The Accused Santosh Maruti Mane 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.

(3.) The Accused on 25/01/2012 had requested Shashikant Damkale (P.W.23) who was Assistant Traffic Controller of Swargate Depot to change his duty from night out duty into single day duty. After the Assistant Traffic Controller declined his request, he quietly walked out of his office and went to S.T. Bus which was standing in the Depot, entered it and 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 of 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, 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 and successfully stopped the vehicle. The entire episode lasted for about 45 minutes.