On Thursday, the Mumbai High Court upheld the 2002 trial court verdict that TIPS co-founder Ramesh Taurani was not guilty and convicted Abdul Rauf Merchant of the 1997 murder of Tseries owner Gulshan Kumar.
However, Magistrate Sadhana Jadhav and Magistrate NR Borkar shelved the order of the Court of First Instance, acquitted Merchant’s brother, Abdul Rashid Dawood Merchant, and sentenced him to life imprisonment.
The brothers were convicted of murder (302), common intention (34) of the IPC, and violation of section 27 of the Arms Act. In addition, they were found guilty under section 120B of the IPC (conspiracy).
“The appellant (Abdul Rauf) should be denied remission, if any… He has a criminal history and has continued to engage in criminal activity. In the interests of justice and society in general, the complainant deserves no indulgence, ”said Judge Sadhana Jadhav.
Judge Jadhav said “that the applicant (Rauf) ran away shortly after the incident in 1997 and could not be arrested until 2001. It was then extended with a leave of absence in 2009 and detained again in 2016.”
The court issued the order on appeal by the Maharashtra government against the acquittal of Taurani and Abdul Rashid Merchant and the merchant’s appeal against his sentence and life imprisonment.
The convictions of Abdul Rauf Merchant for 302, 307 r/w 34 of the IPC and 27 of the Indian Arms Act have been upheld. Addition of 120B Conviction under Section 397 of the Indian Penal Code was overturned. Abdul Rashid Dawood Merchant was convicted under Sections 302 and 120b of the Indian Arms Act, as well as Section 27 and 5,000 rupees fine.