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HC admits appeal of convict in Gulshan Kumar murder case
Mumbai, Aug 22: Mumbai High Court today admitted an appeal challenging a lower court order, sentencing 31-year-old Abdul Rauf Dawood merchant to life imprisonment for gunning down audio king Gulshan Kumar five years ago.
Mumbai, Aug 22: Mumbai High Court today admitted an appeal challenging a lower court order, sentencing 31-year-old Abdul Rauf Dawood merchant to life imprisonment for gunning
down audio king Gulshan Kumar five years ago.
The appeal was admitted by acting Chief Justice G D Patil and Justice Vijay Tahilramani who asked appellant's counsel Majeed Memon to file an application for his bail as it had not been filed so far. On April 24, a sessions court acquitted 17 accused but sentenced Abdul Rauf Daud merchant to life imprisonment on the charge of killing Gulshan Kumar (Section 302 IPC), (attempt to murder Gulshan's driver (Section 307 IPC). Merchant was also sentenced to seven years' rigorous imprisonment (RI) for robbing a taxi to escape from the scene of offence (Section 392 IPC) and robbery with attempt to cause grievous hurt to its driver (Section 397 IPC). He was also sentenced to three years' RI under Section 27 of Arms Act.
Merchant pleaded that for all the sentences imposed on him he should be given a set off for the period he had remained in custody since his arrest on January 23, 2001. The appellant pleaded that the evidence recorded by the trial Judge M L Tahilyani did not conclusively establish his involvement in the crime.
His lawyer Majeed Memon contended that the trial court's verdict was unfair, unjust, contrary to the evidence on record, bad in law and deserved to be set aside.
Bureau Report
The appeal was admitted by acting Chief Justice G D Patil and Justice Vijay Tahilramani who asked appellant's counsel Majeed Memon to file an application for his bail as it had not been filed so far. On April 24, a sessions court acquitted 17 accused but sentenced Abdul Rauf Daud merchant to life imprisonment on the charge of killing Gulshan Kumar (Section 302 IPC), (attempt to murder Gulshan's driver (Section 307 IPC). Merchant was also sentenced to seven years' rigorous imprisonment (RI) for robbing a taxi to escape from the scene of offence (Section 392 IPC) and robbery with attempt to cause grievous hurt to its driver (Section 397 IPC). He was also sentenced to three years' RI under Section 27 of Arms Act.
Merchant pleaded that for all the sentences imposed on him he should be given a set off for the period he had remained in custody since his arrest on January 23, 2001. The appellant pleaded that the evidence recorded by the trial Judge M L Tahilyani did not conclusively establish his involvement in the crime.
His lawyer Majeed Memon contended that the trial court's verdict was unfair, unjust, contrary to the evidence on record, bad in law and deserved to be set aside.
Bureau Report