Law: Criminal Procedure Code (V of 1898)

Section: 526

Law: Penal Code (XLV of 1860)

Section: 302,324,147,148,149,504

Criminal Procedure Code (V of 1898)--- ----S. 526---Penal Code (XLV of 1860), Ss. 302, 324, 147, 148, 149 504---Qatl-i-amd, attempt to Qatl-i-amd, rioting armed with deadly weapons, and intentional insult to breach peace---Transfer of trial---Lack of confidence---Administration of justice---Complainant was brother of deceased and sought transfer of trial to some other Court due to lack of confidence in the Trial Court---Validity---Matter involved alleged murder of real brother of complainant who lost faith and confidence in Trial Court and apprehended that he would not get justice from said Court---Circumstances in which one accused obtained bail and later on acquitted by Trial Court were sufficient to create suspicion and doubt in ones mind---Matter pertained to alleged offence of murder which if proved, could cause miscarriage in dispensation of justice---High Court transferred the case, as the trial should proceed in the Court in which both parties should have full faith and confidence---Application was allowed in circumstances. ORDER NADEEM AKHTAR, J.--- This transfer application has been filed by the applicant / complainant under section 526, Cr.P.C. seeking transfer of Sessions Case No.100/2013 (The State v. Ahmed and others) in Crime No.134/2012 of Police Station Umerkot under sections 302, 324, 147, 148, 149, 504 and 114, P.P.C., from the Court of the learned Additional Sessions Judge, Umerkot, to the Court of the learned Sessions Court, Umerkot. 2. The relevant facts of the case are that the applicant/complainant lodged the aforementioned FIR on 01.09.2012 at 21:45 hours with the Police Station Umerkot, alleging that he, along with his brother Laloo and relatives Gulchand and Premchand, were attacked near link road Soofi Shakh Bridge by (1) Ahmed, (2) Khalid, (3) Diyaram, (4) Alam, (5) Velo, (6) Maansing, (7) Koombho, (8) Bhagwano Kolhi and (9) Teekmoon. Accused Ahmed was armed with a gun, and the other co-accused had hatchets and lathis in their hands. At the instigation of accused Ahmed, accused Khalid attacked the applicant/complainant with a hatchet, and the other co-accused caused lathis and hatchet blows to his brother Laloo and relatives…

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