JUDGMENT - MAJITHIA G.R., J.:---Vilas Vasantrao Patil, the appellant-original accused No. 1 (hereinafter referred to as “the original accused No. 1”), has challenged his conviction and sentence recorded in Sessions Case No. 933 of 1991 by Additional Sessions Judge, Greater Bombay, vide judgment and order dated December 10, 1993. He was convicted under section 392 read with section 34, Indian Penal Code and sentenced to undergo R. I. for 5 years. He was also convicted under section 397 read with section 392, Indian Penal Code and sentenced to undergo R.I. for 7 years. He was further convicted under section 4 read with section 27 of the Arms Act and sentenced to undergo R.I. for one month. He was also convicted under section 414 read with section 34, Indian Penal Code and sentenced to undergo R.I. for 6 months. All the sentences were ordered to run concurrently.

2. The original accused No. 1, Sharmaraj Pandian Nadar - original accused No. 2, Santosh Babu Shetty - original accused No. 3, and Ashok Rajaram Wadekar - original accused No. 4, were charged under section 395 in the alternative under section 392 read with section 34 of the Indian Penal Code. Original accused Nos. 1 and 2 were

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