V.M. Kanade, J.

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.

(II) Preliminary observation:

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.

4. During this joy-ride of the Accused, several attempts were made to stop him. Even one Police Officer fired six rounds initially on the tyre of the vehicle and, thereafter, tried to shoot him. He was, however, unsuccessful and the Accused even tried to crush him to death by taking his vehicle towards him. Fortunately on account of his training and skill, he managed to escape from the clutches of death. The accused, during this period, on more than one occasion drove his vehicle from the wrong direction. Whenever an attempt was made to stop him by putting barricades, he either drove through the barricades where possible or otherwise he stopped his vehicle, took the vehicle in the reverse direction and then drove on the wrong side and sometimes even lanes where was a no-entry sign. The members of the public who were outraged by the incident promptly started assaulting the accused after he was apprehended and he had to be saved by the police by escorting him out in a rickshaw to ensure that he was not killed by the public at large. The Accused, thereafter, was produced before the Magistrate and was remanded to police custody and then he was examined by a team of expert Doctors and he was also kept under observation till about 06/02/2012 where he was found to be normal and not of unsound mind not only on the day when the incident had happened but even thereafter.

5. The Charge Sheet was filed against the Accused for the offence punishable under sections 302, 307, 324, 381, 427 of the Indian Penal code and under section 3(2) of the Prevention of Damage to Public Property Act, 1984. The Accused pleaded not guilty to the said charge and he raised a plea of insanity under section 84 of the Indian Penal code and examined defence witness Dilip Burte (D.W.1) in support of the said plea.

6. Prosecution examined 39 witnesses in support of its case. The Accused did not dispute occurrence of the incident and practically the