JUDGMENT :

(Bhuwan Goyal J.) :

1. The appellant-State of Rajasthan has preferred instant appeal under Section 378 of the Code of Criminal Procedure, 1973 against impugned Judgment and Order dated 24.10.2002 passed by the Additional Sessions Judge (Fast Track), Sikar in Sessions Case No. 36/2001 titled as "State of Rajasthan vs. Gajanand", whereby accused-respondent - Gajanand was acquitted of offences under Sections 302 & 201 of I.P.C.

2. Brief facts relevant and essential for disposal of present appeal are that on 24.11.2000, complainant - Suwalal (P.W. 2) submitted the typed report (Ex.P/2) before the S.H.O. Police Station Sadar, Sikar, wherein it was alleged that his younger brother Hari Prasad was running a small shop in their village but on account of less margin, his younger brother Hari Prasad was in search of another employment. On 12.11.2000, Gajanand came to their house in his presence and told his brother Hari Prasad in his presence that he was having contact with big contractors at Sikar and he will get him permanently employed with them, for which you will have to come to Sikar with him tomorrow on 13.11.2000, upon which, his brother Hari Prasad agreed. On 13.11.2000, h