Coming down heavily on Solapur-based psychiatrist Dr Dileep Burte,who diagnosed Mane as a patient of mania and claimed to have treated him between February 19,2010,and September 3,2011,the court said that during the course of this trial he has been exposed as a lie-teller who stepped in the dock on the plea of the accused and falsified records to help a criminal.
The court of Additional Sessions Judge V K Shewale has sought an explanation from Burte on why he should not be prosecuted for misleading the court.
Judge Shewale said the defence tried to take undue advantage of the one-month leave availed by him between February 19,2010,to March 18,2010,on medical grounds to create false evidence of mental illness to bring the case under ambit of IPC Section 84. The judge also said that Dr Burte helped fabricate evidence to show he had treated Mane several times after February 19,2010.
However during cross-examination,when he (Burte) was confronted with the document produced by him,he was forced to reveal that after February 19,2010,Mane had not visited him. Exhibit 198 (the history sheet) came to be prepared later to suit the defences case. Thus the evidence of the defence witness-I (Dr Burte) came to be falsified in toto, said the judge.
In reality,had this doctor examined the accused more than once (that is after February 19),he would not have made a statement before the media,stating that he had examined Mane only once and that despite his instructions to him to come see him again,he didnt turn up, the judge said.
The judge said that the medical certificate,issued by Dr Vikas Gawli of Subhodh Clinic and submitted by Mane to MSRTC authorities for claiming medical leave between Feburary 19,2010,and March 18,2010,shows that Mane was suffering from viral hepatitis and theres no mention of any mental disbalance.
The judge also observed that while Dr Burte claims to have administered Electro-Convulsive Therapy (ECT) to Mane on six instances,theres no mention of the mandatory consent of the relatives for the ECT on the case paper or prescription.
This shows that an empty formality was conducted to make a pompous show that the consent of the kin for administering ECT to the patient was taken, observed the judge. From the conduct of the psychiatrist,it is evident that he has little regard for the truth and the law. He even appears to be unaware of the basic procedures of the law. He sought to suppress certain facts from the court and tried to concoct the evidence. He had stepped in the witness box to help the accused but came to exposed as a lie-teller, said the judge demanding an explanation from Burte,as to why he should not be prosecuted for providing false evidence and thereby misleading the court.
Manes words need to be seen in light of village talk,says Judge
Additional Sessions Judge V K Shewale held that the statements made by Santosh Mane to doctors and police,immediately after his arrest,such as the bus was flying in the air under the influence of black magic needs to be seen in the light of language spoken by rural Indian people. We need to take into account the logic of causing death to people by crushing them under the wheels of a moving vehicle. Committing the crime in such a fashion gives it the look of an accident. This and his way of speaking will help us understand his rural mindset, said the judge.