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"The evidence of exhortation is, in the very nature of things, a weak piece of evidence. There is quite often a tendency to implicate some person, in addition to the actual assailant by attributing to that person an exhortation to the assailant to assault the victim. Unless the evidence in this respect be clear, cogent and reliable, no conviction for abetment can be recorded against the person alleged to have exhorted the actual assailant."

(emphasis supplied)

27. In Surendra Chauhan VS State Of M. P. , (2000) 4 SCC 110, Hon'ble Supreme Court in para 11 of its judgment has held as under:

(emphasis supplied)

31. From the law laid down in the above referred cases it can be deduced that evidence of exhortation is a weak piece of evidence. There is quite often a tendency to implicate some person, in addition to the actual assailant by ascribing to that person role of an exhortation to the assailant to assault the deceased by alleging his presence after accompanied with role of exhortation. Unless the evidence in this respect is clear, cogent and reliable, conviction may not be recorded against the person alleged to have exhorted the actual assailant, unless attending circumstances proven by the prosecution also establish either a covert or overt act or omission as may convince the Court as to existence of common intention.

33. In Matadin etc. Vs. State of Maharashtra (1998) 7 SCC 216, the accused Matadin was similarly charged with exhorting the main accused Ram Singh with use of words "Maaro Saale Ko". Thereupon the main accused Ram Singh took out his knife and assaulted the victim. In that context, it was observed as below:

"9. However, the case of Matadin would appear to stand on a different footing. It was submitted that when he exhorted his fellows by saying "maro sale ko", he did not intend that the deceased should be killed. It was submitted that there was no premeditation, no enmity and Matadin never intended to cause death of the deceased.....

...

11. The courts below have not found that the language which Matadin used exhorting his fellows was used in such a tone as to exhort them to kill Ashok or to cause grievous hurt to him by using dangerous weapons or means. When the words "maro sale ko" are used, it could mean "to beat" or even "to kill" a person. Though the witnesses have stated that these words were used by Matadin in an abusive way, but from that it could not be said that he exhorted his fellows to kill Ashok....."

(emphasis supplied)