(1.) Present appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Greater Mumbai in Sessions Case No. 888 of 1995 @ 107 of 1997, whereby the learned court below convicted the Appellant for the offence punishable under S. 411 of the Indian Penal Code and was directed to suffer RI for 2 years and to pay fine of Rs. 5, 000/, in default of payment of fine to undergo further RI for 6 months.
(2.) Heard Mr. Bhavesh Thakar, the learned counsel for the Appellant and Mr. Amit Palkar, Additional Public Prosecutor for the State.
(3.) Appellant is the original accused No. 4. For decision of the present appeal, in my view, following facts are necessary to be mentioned: