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The aforesaid agreement is stated to have been prepared by A1 who is the partner of the Solicitors Firm known as Haridas & Company. As earlier noticed, according to the terms of the Agreement, A3 had taken the responsibility to settle the claim of Kamla Constructions at his cost by obtaining release deeds.

Criminal conspiracy is alleged to have been hatched for the purposes of getting the release deeds executed by the Jain Brothers of Kamla Constructions by resort to persuation, threat, duress and ultimately killing. In furtherance of the conspiracy, A1 is alleged to have prepared the desired release deeds. The Jain Brothers are stated to have been pressurised to sign the aforesaid release deeds for which various meetings are shown to have been held in the office of A1. In those meetings, A1 is alleged to have told the Jain Brothers that there was no substance in their documents. In one of the meetings A4, allegedly belonging to the gang of Dawood Ibrahim, threatened Jain Brothers that unless they signed the deeds prepared by A1, they would not be allowed to leave the office alive. Such threats are stated to have been given in the presence of A1, who despite protest from the deceased, did not take any action against anyone nor did he dis- associate himself from the said accused.

To the same effect is the confessional statement of A6. Both the accused persons have not disclosed about their connections with A1, A2, A3 and A4. There is no other evidence on record to show that any of the accused, namely, A7, A8, A9, A12, A13 were known or had met A1, A2 and A3 at any point of time before 7.3.1995. The cause of murder, as disclosed in confessional statements, is refusal of Pradeep Jain to part with the property and alleged misbehaviour of talking rudely to Abu Salem (A9). In the absence of any evidence of A1, A2 and A3 having secured the services of A9, it cannot be said beyond all reasonable doubts that they were parties to the conspiracy for the crime of murder of Pradeep Jain or for the commission of the offences under TADA Act. A3 is shown to have harassed and coerced the Jain Brothers through A4 to sign the release deeds with respect to property (B) in their possession. To connect A1 to A4 with the other accused persons for the commission of main offence, the prosecution has relied upon an important circumstance, namely, the threats given by A4 to Jain brothers in the office of A1. If the aforesaid circumstance of giving threats of being eliminated in case they did not sign the release deeds is accepted, it may be possible to hold that A1 to A4 are also involved in the conspiracy with the other accused, the object of which was to cause the death of Pradeep Jain and injuries to Sunil Jain (PW15).

It appears that after the death of his brother Sunil Jain (PW15), upon his belief, tried to implicate A1 to A3 in the case of murder of his brother. In the absence of any threat or any other circumstance indicating the intention of A1, A2 and A3 to kill any of the Jain Brothers, it would not be safe to hold them guilty of murder on such a shaky and unreliable evidence to that extent. It may further be noticed that no overt and covert act in this regard is attributed to A2. A1 is shown to have not observed the professional norms by calling the Jain Brothers in his office to facilitate the execution of release deeds in favour of his client A3. Such a course of conduct may be unprofessional but cannot be described to be criminal warranting a conviction under any provisions of the IPC or TADA. We are, therefore, satisfied that A1 and A2 were not involved in the commission of the crime for which they were charged or any other crime of lesser effect. There is no need of returning a finding against A4 who was also a broker and is stated to have died in a police encounter, unless his complicity is required for the purpose of determining the guilt of any other accused.

In this case the prosecution has alleged that for completing the transaction of selling the property to Labh Constructions, A3 procured the services of A4 who is shown to have put the Jain Brothers in fear of injury with the object of dishonestly inducing them to deliver their valuable property to Labh Constructions by execution of release deeds, which were for the immediate benefit of A3. In other words A3 was charged for the offence of murder by resorting to extortion. The offence of extortion is a lesser offence which, under the circumstances of the case, was so connected with the main transaction that no failure of justice can be caused if A3 is convicted and sentenced for the said offence. The offence with which A3 was charged consisted of several particulars, the combination of some of those particulars constitute a complete minor offence of extortion. It cannot be disputed that the offence of extortion in the context of the facts of the case has all the ingredients connected with the major offence. Respondent No.3 was charged for an offence consisting of several particulars which the prosecution failed to prove so far as the major offence is concerned but succeeded in showing the commission of the minor offence punishable under Section 384 read with Section 34 IPC as it is proved that A3 intentionally put Jain Brothers in fear of injury and availing the services of A4 dishonestly induced them in fear to deliver their valuable property in favour of Labh Constructions with whom A3 had agreed to get the release deeds with respect to the property executed by Jain Brothers. A3 though not as a conspirator but sharing common intention with A4 committed the offence of extortion. We have, therefore, no hesitation to hold him guilty of offence of extortion, punishable under Section 384 read with Section 34 IPC. Learned counsel appearing for A5 and A6 submitted that despite holding the confessional statements Exhibits 147 to 150 being admissible, their clients cannot be convicted and sentenced for the offences charged because the confessions have been retracted and there is no corroboration of their contents. There is no denial of the fact that the judicial confessions made are usually retracted. Retracted confessions are good confessions if held to have been made voluntarily and in accordance with the provisions of law, as A5 and A6 are proved to have made. Corroboration of the confessional statement is not a rule of law but a rule of prudence. Whether in a given case corroboration is sufficient would depend upon the facts and circumstances of that case. In order to sustain a conviction on the basis of a confessional statement, it is sufficient that there is its general corroboration. Dealing with the scope of Section 15 of the TADA Act and referring to its earlier judgments this Court in S.N. Dube v. N.B. Bhoir & Ors.[2000 (2) SCC 254] held that confession of the accused recorded under Section 15 of TADA Act is a substantive piece of evidence which can be used even against the co-accused if held to be inadmissible voluntarily and believable. Explaining the position of law the Court held: