SUPREME COURT REPORTS [2012] 10 S.C.R. 1

killed as an occupant of a car by chance, on account of mob fury and since the accused was not the assailant himself, RI for life is appropriate – Code of Criminal Procedure, 1973 – s. 313 – Evidence Act, 1872 – s. 103. Evidence – Evidence of exhortation, is a weak piece of evidence – Therefore, unless the evidence in this regard is clear, cogent and reliable, no conviction for abetment can be recorded – Penal Code, 1860 – s. 109. 36 accused including the appellants-accused No. 1, were prosecuted u/ss. 147, 302/149, 307/149, 302/109. The prosecution case was that ‘C ’ a political leader was murdered by certain unknown criminals. His funeral procession was led by A-1 (an MLA), A-2 (an M.P), A-3 and few others in their respective vehicles. A-1, A-2 and A-3 had given speeches instigating the crowd to take revenge of the murder and teach the administration a lesson. When the procession moved further, the shouts ‘Maro Maro ’ were heard from the midst of the procession. When the informant (a police official on duty) reached there, found that car of the District Magistrate of some other district had turned turtle and the District Magistrate was lying on the ground. A-1, A-2, A-3 and some others were there provoking ‘B ’ the brother of ‘C ’ to kill the Magistrate and take revenge. ‘B ’ fired at the Magistrate and fled away. The Magistrate succumbed to the injuries, in the Hospital. In the meantime 15 persons, including A-1 and A-2 were arrested. The informant had sent information about the incident through wireless, soon after the incident. The informant later sent a typed report about the incident which was lodged as FIR