Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 526---Penal Code (XLV of 1860), Ss. 302/337-H(2)/34---Qatl-e-amd, hurt by rash or negligent act, common intention---Application for transfer of case---Trial Judge disallowing irrelevant questions put to prosecution witnesses was not a sufficient ground for transfer of case---Duty of trial Judge to decide about relevancy and admissibility of questions during cross-examination---Scope---Contentions of the accused (applicant) were that the trial Judge had disallowed important questions during the cross-examination of the prosecution witnesses, which were essential for just decision of the case, and that the trial Judge recorded the evidence according to his own version causing serious prejudice to the accused---Validity---Trial Judge in his comments had denied all the allegations levelled by the accused and stated that irrelevant questions were not allowed by him and every question put up by the defence counsel, which was found relevant, was properly written and decided, and that 95 adjournments were sought by the defence counsel which caused delay in the recording of evidence---Said comments of the trial Judge made it clear that irrelevant questions put to the prosecution witnesses were not allowed---Trial Judge was under a duty to decide about the relevancy, irrelevancy, admissibility or inadmissibility of the questions put to the prosecution witnesses at the time of recording of evidence--- Accused neither levelled allegation of bias in the mind of the trial Judge nor pointed out any objection regarding the manner in which proceedings were being conducted---Merely disallowing irrelevant questions put to prosecution witnesses would not furnish sufficient ground for transfer of the case, when 95 adjournments had been granted by the trial Judge--- Application for transfer of case was dismissed, in circumstances. Muhammad Munir v. The State 2001 PCr.LJ 1650 rel. Bagh Ali and 4 others v. The State PLD 1973 SC 321; Muhammad Aslam v. The State 1990 PCr.LJ 205; Mirza Mubarak Ahmed Nusrat v. The State and another 1990 PCr.LJ 1097; Haji Khawar Saleem v. The State 2001 SCMR 905; Saifullah and 3 others v. The State 2002 YLR…

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