If a man commits an insane act, can it be inferred that he is not sane, asked Bombay High Court while hearing an appeal filed by a state transport bus driver who had mowed down nine persons and injured 36 others in Pune in January 2012.
A division bench of justices V M Kanade and P D Kode is hearing confirmation of death sentence awarded to driver Santosh Mane, who was convicted by a Pune court. The bench is also hearing an appeal filed by him against the penalty.
The proceedings are conducted on a day-to-day basis in the court where the driver has pleaded that he was of "unsound mind" at the relevant time.
The bench observed that temporary unsoundness of the mind could be attributed to several factors like consumption of alcohol or lack of sleep or fit of anger.
"The action is insane (of taking bus and mowing down people and damaging public property). But the question is whether he was insane? Because of the action, it cannot be inferred that he was insane (at the time of the accident)," remarked Justice Kanade.
The judges cited the example of a recent shooting incident which had taken place in schools and theatre in the US where men had killed several people. "The act was insane. That doesn't mean that those shooters too were insane," Justice Kanade said.
When defence lawyer Jagdish Mane argued that police had allegedly suppressed the fact that the driver was undergoing treatment of mental illness, the judges said the police had to carry out independent investigation.
"It is the duty of the police to find out the motive behind the incident and whether the act was done at the instance of someone else or if it was a terrorist act. The driver went on the rampage in broad daylight. It is a serious act," remarked Justice Kanade.
