Bombay HC upholds conviction of Dawood aide Abdul & Rauf in Gulshan Kumar murder case

Update: 2021-07-05 04:00 GMT

The Bombay High Court on Thursday, upheld the conviction of Rauf Merchant in the murder case of Gulshan Kumar (founder of T-series) and convicted his brother Abdul Rashid, who was acquitted by lower court.The acquittal of Gulshan Kumar's business rival, Ramesh Taurani, was also upheld.

The Division Bench of Justice Sadhana S Jadhav and Justice N R Borkar noted that Rauf Merchant will not be entitled to any leniency in his prison term as after the killing, he had absconded.The bench, however, upheld the conviction of Rauf and also the life sentence imposed on him, but quashed and set aside his conviction under sections 392 and 397.

"The acquittal of another accused Abdul Rashid Merchant is quashed. Rashid is convicted under sections 302, 120(b) of the IPC and section 27 of the Indian Arms Act. The accused is sentenced to life imprisonment. He is directed to surrender forthwith to the trial court or the D N Nagar police station," – Noted the High Court

The Bench also observed that, Abdul Rauf Merchant would not be entitled to remission, considering his conduct during the trial. The appellant (Rauf) shall not be entitled to remission considering his criminal antecedents and in the interest of justice and public at large, he is not entitled to any leniency.

The court noted that, after the killing, Rauf had absconded and was arrested only in 2001. In 2009, he was granted furlough, but he did not surrender and had to be arrested in 2016 again.

It must be noted, that in the year 1997 Gulshan Kumar, the founder of T-Series Music Company, also known as the 'Cassette king', was shot dead in August outside a temple in suburban Andheri.

According to the prosecution, his rivals had paid money to gangster Abu Salem to eliminate him.

On April 29, 2002, a session’s court acquitted 18 of the 19 accused. The trial court convicted Rauf under Sections 302 (murder), 307 (attempt to murder), 120(b) (criminal conspiracy), 392 (robbery) and 397 (causing grievous hurt in robbery) of the Indian Penal Code and section 27 (possession of arms) of the Indian Arms Act.

Subsequently, Rauf had appealed against the conviction, while the state government filed an appeal against the acquittal of Taurani.

 

 

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