ASHRAF HASAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has been tried and convicted for an offence under Section 395 of I.P.C and has been sentenced to suffer rigorous imprisonment for 10 years and a fine of Rs.5,000/- and an additional incarceration of one-year on failing to pay the fine. The appellant was convicted by the judgement and sentence dated 09/02/2007 passed by the learned Additional Sessions Judge, Bhopal, in Sessions Case No.280/2005. In all, five persons were convicted by the learned Court below the appellant is one of them. The appellant was given the benefit of suspension of sentence and grant of bail by this Court vide order dated 07/05/2007.

(2.) That, on 17/05/2005 and three days before the incident, one Bablu Hasan told the complainant Nasimuddin that a mini-bus, which is in a good condition, was up for sale as its owner urgently required Rs.1,50,000/-. Thereafter, the complainant arranged the fund and Badruddin informed the complainant that he should come with the money at Hindi Bhavan and take the possession of the mini-bus.

(3.) That on the date of the incident the complainant went to Hindi Bhavan along with his father Naimuddin, where the co-accused Badruddin and others were already present. They are stated to have gone to T.T.I Road in an auto- rickshaw and there they stopped the auto near the bridge when a white ambassador car also stopped near them. In the car there was another accused person, allegedly coaccused Ayub, who was wearing the uniform of a police officer and who along with other co-accused Firoz, is stated to have forcibly pushed the complainant and his father into the car and left the place.