Nazir, the court peons and the lawyer left the
place, at the exhortation of accused No.1 Sheoji Prasad, to
the accused persons present ... both the arms
of the deceased Ram Babu and on being exhorted by accused
No.3 Parameswar, accused No.2 Udai Prasad fired
slapped him. Appellant Kesharbai (now dead) reached the spot and exhorted for killing deceased Mishrilal. On her exhortation, appellant Jittu stabbed Mishrilal in the stomach ... fists. Then, Kesharbai, mother of appellants, came out of her house and exhorted for killing Mishrilal. Appellants, Jittu, Bindu and Hukki assaulted the deceased
assigned to them. It is further contended that
evidence regarding to verbal exhortation should not be
readily believed because oral evidence relating to
exhortation ... establishes a
common intention in pursuance of which, appellant
accused Man Singh exhorted appellant- accused Narendra
to kill deceased Ramveer and the prosecution
lying there and hit on the head of the
deceased. Nirmal Singh exhorted Baldev Singh to give another blow so
that the deceased is finished ... Kashmira Singh fell down
on the ground and started bleeding. Nirmal Singh exhorted Baldev Singh
Crl.A.32/1998 Page
bush behind which they were hiding, on seeing them accused exhorted to kill them, Prahlad exhorted to fire, Hukum also exhorted that nobody should escape ... about 15 fts. only. Alternatively, the counsel has submitted that exhortation by three of the accused persons has not been proved. They could
accused as to why they have been chasing his servant. Triloki
Nath exhorted his companions saying 'Maro Sale Ko' whereupon Gopal
hurled ... Lala (thereby
meaning Laxmi Shankar Srivastava) was being killed whereupon Triloki
Nath exhorted Jitendra asking him to kill him as he professes himself
Raju) who lived on the first floor of the opposite house and
exhorted them that this was a good occasion to finish these people.
Manju ... fateful day. PW 12,
14 and 15 referred to the exhortation by Manju while PW1 Mohd Rizwan
has made a categorical statement that
that A-1 had exhorted the lone shooter to kill
the deceased and hence he alone was guilty of the offence of abetment of
murder ... prosecution witnesses
have not actually seen the incident nor heard any exhortation by A-1 to
Bhutkun to kill the deceased. He argued that
evidence Credibility of. Maxim--Falsus in
uno falsus in omnibus---Applicability of Exhortation--Evi-
dentiary value of.
HEADNOTE:
A litigation regarding possession of a certain ... prosecution case, accused No. 4 who
was unarmed, raised an exhortation challenging deceased-1l,
and caught hold of his long hair while accused 1 fired
room in the house. Accused Angad Yadav made an exhortation to the other co-accused uttering that "Maro Sale ko Bachne na Paye ... exhortation, the associates of accused Angad Yadav opened fire on Laxmi Shanker Yadav, who sustained fire arm injuries and fell down. The incident was witnessed
