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Abdul Daud Rauf Merchant was found guilty of the murder by the Sessions Judge, M.L. Tahilyani, who would announce the sentence on April 26, after hearing both sides. Gulshan Kumar was shot dead at Jeet Nagar in suburban Juhu on August 12, 1997. The music director and alleged prime conspirator, Nadeem Akhtar Saifee, now in London, was treated as absconding accused and would be tried as and when he returns to India, the public prosecutor, Ujjwal Nikam, said. The judgment came close on the heels of the suspected Al-Qaeda activist, Mohd Afroz's release on bail after the prosecution failed to file the chargesheet against him within the stipulated 90-day period and also withdrew charges under the anti-terrorism law. Delivering the judgment in a jam-packed court, the judge, however, acquitted another alleged assailant, Abdul Rashid Daud Merchant, brother of the convict, on the ground that the weapon reportedly used by him in the crime was not before the court. The judge held that the two weapons placed before him allegedly belonged to the third assailant, Anil Sharma (absconding accused), and Abdul Daud Rauf Merchant. The judge ordered the release of the approver, Mohammed Ali Shaikh, from prison on the ground that the conspiracy charge had been rejected. On the basis of the approver's version, the conspiracy theory had been advanced by the prosecution. Mr. Nikam opposed the approver's release till the conclusion of the case on the ground that a separate chargesheet had been filed against him on April 19. He said that the approver had been booked for participating in the conspiracy to kill Gulshan Kumar. However, the court released the approver with immediate effect.
Taurani happy
"God is great. I am happy that after five years the truth has prevailed," Ramesh Taurani, director of TIPS Cassettes and prime conspirator in the case, said after his acquittal. Mr. Taurani, who had come to the court with his wife and brother, told reporters: "My faith in the judiciary has all the more increased. I have waited patiently for the verdict because I knew that truth will certainly prevail." In a guarded reaction, Kishen Kumar, brother of Gulshan Kumar, said : "I have no complaints against the investigating agency because I know the police have done their best. There are so many accused. Even the owner of an STD booth from where calls were made to conspirators in Dubai is an accused. Hence, it becomes difficult to prove the charges against all of them," he said. Shravan of the Nadeem-Shravan duo said: "I am happy to hear the verdict. After all, the truth has come out. I knew right from the beginning that Nadeem was innocent and would one day be freed from the charges. My heartfelt congratulations to Nadeem. Now I hope he would come here soon and join me in the profession."
Justice has prevailed: Nadeem
In London, Mr. Nadeem, who successfully fought his extradition to India to stand trial in the case, today said the trial court's rejection of the conspiracy charge against 17 accused in the case was a ``slap on the face of the Mumbai police officers''. ``I have been unnecessarily dragged into it but thank God, justice has prevailed.'' Asked whether he would be returning to Mumbai, Mr. Nadeem said: ``If the Government of India invites me honourably then I will consider.'' — PTI
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