Review of Death Penalty V

Appellant was a driver working with Swargate S.T. Depot, Pune. On 25.01.2012 he had requested for changing his ‘night out duty’ to ‘single day duty’. After his request was declined, he ‘hijacked’ a S.T. Bus; ‘crushed to death’ 2-3; ‘killed’ 6; ‘grievously injured’ / ‘permanently disabled’ 36; ‘damaged’ public property. Appellant was not in a normal state of mind when the incident took place.  As per Dr. S.J. Mahumani, he had blunt thoughts; delusion of persecution; delusion of black magic; no guilt or remorse; anditory hallucination. Onus is on the defence to produce evidence to get the case covered by Section 84, IPC.

In Re: Death Sentence

Appellant has not been able to establish insanity. However, he was under mental strain and stress. He is not a person of criminal antecedents. His conduct in jail has been satisfactory. There is every possibility of his reform. We commute the Death Sentence to Life Imprisonment.”

Hon’ble Judges A.K. Sikri, S. Abdul Nazeer, M.R. Shah, Santosh Maruti Mane v. The State of Maharashtra, [Criminal Appeal Nos. 45-46 of 2010].

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