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].