2001 (7) TMI 1281 - SC - Indian Laws

Supreme Court convicts three in murder case, upholds acquittal for two

The Supreme Court convicted accused A3 for extortion, sentencing him to two years of rigorous imprisonment and a fine. Accused A5 and A6 were convicted ... - Issues Involved:1. Organized Crime and Underworld Activities2. Criminal Conspiracy and Contract Killing3. Confessional Statements and Their Admissibility4. Role of Various Accused5. Evidence and Witness Testimonies6. Legal Provisions and SentencingSummary:1. Organized Crime and Underworld Activities:The judgment discusses the pervasive influence of organized crime, particularly in Mumbai, where criminal gangs, led by notorious dons, engage in contract killings and extortion. The underworld activities, including the collection of 'protection money' or 'Khandani,' pose significant challenges to societal peace and legal order.2. Criminal Conspiracy and Contract Killing:The case revolves around the murder of Pradeep Jain and the attempted murder of Sunil Jain, orchestrated by criminal dons from abroad. The respondents were charged u/s 302, 307 read with Sections 120B, 23, 114 of the IPC, and various sections of the Arms Act and TADA Act. The crime was committed to force the Jain brothers to relinquish their property.3. Confessional Statements and Their Admissibility:The confessional statements of A5 and A6 were crucial to the prosecution's case. These statements, recorded u/s 15 of the TADA Act, were initially excluded by the trial court due to procedural issues. However, the Supreme Court held that the confessions were voluntarily made and legally recorded, thus admissible in evidence.4. Role of Various Accused:- A1 and A2: The court upheld their acquittal, finding insufficient evidence to link them directly to the conspiracy for murder.- A3 (Subedarsingh): Convicted for extortion u/s 384 read with Section 34 IPC, as he coerced the Jain brothers to sign release deeds.- A4 (Shaukatali): His involvement was noted, but he had died in a police encounter.- A5 (Subhash Bind) and A6 (Shekhar Kadam): Convicted for murder and other offenses, sentenced to life imprisonment.5. Evidence and Witness Testimonies:The prosecution relied on extensive evidence, including witness testimonies and documentary proof. The confessional statements of A5 and A6 were corroborated by other evidence, such as the recovery of weapons and identification parades.6. Legal Provisions and Sentencing:- A3: Sentenced to two years of rigorous imprisonment and a fine of Rs. 5,000 for extortion.- A5 and A6: Convicted and sentenced to life imprisonment for murder and related offenses under the IPC, Arms Act, and TADA Act. The court emphasized that the case did not warrant the death penalty.The appeal was partly allowed, modifying the trial court's judgment by convicting A3, A5, and A6, while maintaining the acquittal of A1 and A2.