D.B. CRIMINAL LEAVE TO APPEAL NO.26/2009 DATE OF ORDER : 30.04.2009 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. K.R. Bishnoi, Public Prosecutor. Heard learned Public Prosecutor and perused the impugned judgment as well as the set of evidence supplied by him during the course of arguments. We are in complete agreement with the finding of the learned trial Judge that there was no intention or knowledge of the accused respondents to kill the deceased and they deserve acquittal for the offence under Section 302 IPC. However, the learned trial Judge has convicted them under Sections 148 and 325 read with Section 149 IPC. In view of the above, no interference is warranted with the impugned judgment of acquittal of the accused respondents under Section 302 IPC passed by the learned trial court. Accordingly, this Leave to Appeal is rejected. (DEO NARAYAN THANVI), J. (A.M. KAPADIA), J. ms rathore