MUMBAI: Almost 24 years after three men gunned down T-Series founder Gulshan Kumar (inset) in the city, the Bombay high court on Thursday upheld the 2002 conviction of one assailant, Abdul Rauf Dawood Merchant, declared guilty a second gunman, Rauf’s brother Abdul Rashid, and upheld the acquittal of Ramesh Taurani, Kumar’s business rival.
While Rauf’s life term was confirmed by the HC, Rashid, who had earlier been acquitted, got similar punishment.
Kumar had reached his car after offering prayers at a temple in Andheri (W) on August 12, 1997, when a person rushed towards him at 3pm, placed a pistol on his back and pumped bullets into him.
When Kumar turned around, he got bullets in his chest.
Two other shooters then emerged from behind a stall and an auto and opened fire.
An eyewitness, who testified to this, identified the brothers, and his testimony was not shattered, the HC said.
The witness, however, also said the first shooter, who fled the scene, was not in court during trial.
He is an absconding accused.
“It was indeed a coldblooded murder,’’ the HC bench of Justices Sadhana Jadhav and N R Borkar said, adding, “It was also not a case of a sole eyewitness.” There were five, including a resident nearby, a rickshaw driver and Kumar’s driver of 14 years.
Each emphasized the role of the brothers as the attackers, the bench said.
The assailants escaped towards Versova Link Road in a taxi they took at gunpoint.
Abdul Rauf had “no personal animosity or grudge” against Kumar, said the HC judgment.
“He had committed the ghastly act as he was hired by Nadeem Saifee and Abu Salem who wanted to satisfy their personal vendetta against the deceased,” the HC added as the reason for upholding Rauf’s conviction for criminal conspiracy too.
Nadeem and Salem were absconding accused then and hence not tried, said the HC.
The government’s efforts to extradite Nadeem from London failed.
The HC said Abdul Rauf, who had absconded initially for almost three-and-a-half years before his arrest in January 2001 and (keeping in mind) later his non-surrender for seven years following a two-week release on furlough in 2009, does not deserve any remission.
“In the interest of justice and society at large, the appellant does not deserve any leniency,” the HC said.
The police said it was a case of business rivalry.
There were 19 accused.
Charges against two were dropped pending trial.
Five years later, the Mumbai sessions court held only Abdul Rauf guilty, acquitting the remaining 16, including Taurani, owner of Tips Cassettes, and Abdul Rashid.
Abdul Rauf was also convicted for attempt to murder for firing at Kumar’s driver that day.
The HC said it was a case of “direct” and “sterling evidence” from eyewitnesses.
The trial court held that “shots were fired by accused No.
19 (Abdul Rauf) and absconding accused”.
The HC said the prosecution, represented by additional public prosecutors Madhavi Mhatre and Prajakta Shinde, proved that Rauf murdered Kumar and fired at his driver.
It said there was evidence to show Rauf “was in Dubai when the conspiracy was hatched” and executed it with his brother and the third shooter, who is allegedly absconding.
A pistol was recovered from Abdul Rashid and two from the brother-duo’s mother, who was also an accused.
She was acquitted.
Bullets recovered by police tallied with the pistols, the court said.
Abdul Rauf’s counsel Satish Maneshinde, who had highlighted lacuna in the police probe and delay to nail him as a footsoldier, told TOI, “Both judgments, against Abdul Rauf and Abdul Rashid, will be challenged before the Supreme Court.” The state’s appeal had said Taurani hatched the conspiracy with Nadeem and Salem to kill Kumar.
Senior counsel Aabad Ponda and advocate Apoorva Singh denied it.
The HC held, “In the present case, there are serious lapses in the investigation and there is no cogent and convincing evidence to hold that (Taurani) had spoken to Abu Salem in Dubai.” The only witness who deposed against Taurani was “also present” when Taurani allegedly called Salem from Juhu.
The HC added there was no probe to verify if the phone was Salem’s, who at that time was an “absconding accused since 1993 serial bomb blasts”.
A plea to make the witness an accused was rejected by the trial court.
“In view of this, the acquittal of the respondent No.
1 (Taurani) calls for no interference,” the HC held.
But, for Abdul Rashid, it said there was “cogent evidence” in the form of eyewitnesses and ballistics.
“Unwarranted acquittals would not only give wrong signal to society but would pose a threat to law and order,” the HC said, adding hence he deserved to be convicted as his “role cannot be segregated from the role of Abdul Rauf…since both had shot” at Kumar.
The HC ordered that “Abdul Rashid Merchant shall surrender forthwith before sessions court or before D N Nagar police station…
He shall then surrender his passport to the police”.
The HC also asked the state what precautions it intended to do take given the “connections” of the convict with Gulf countries and that a “forged passport” was recovered.