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2002 Supreme(Bom) 634

J.G.CHITRE
Anthony @ Tony William Rosario – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - CHITRE J.G., J.:---The appellant is hereby assailing the correctness, propriety and legality of the judgment and order of conviction and sentence passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 203 of 1993 whereby the learned Judge had convicted the appellant for offences punishable under the provisions of section 387 of I.P.C. and has sentenced him to undergo R.I. for 3 years and to pay fine of Rs. 1000/-, in default to undergo further R.I. of 30 days.

2. The prosecution case in brief is that on 25-10-1991 at 3.10 p.m. complainant Kamlesh Shivji Majethia was sitting in his cabin in his office along with his staff members and at that time one Lakhansingh came with four unidentified persons whom Lakhansingh introduced as Pradeepbhai, etc. and told that they were members of one ill-reputed gang of under-world holding control over their Centre at Panvel. They demanded ransom of Rs. 3 lacs from them and at that time at the instructions of Pradeepbhai one Sunil whipped out a revolver and pointed towards Kamlesh Majethia and threatened him. He was told to keep the said amount ready on 28-10-91 at 3.00 p.m. Kamlesh Majethia lodged a report with the p











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