Law:

Section:

Criminal Procedure Code (V of 1898)-- ----S. 526---Penal Code (XLV of 1860), S.302/34 [as substituted by Criminal Law (Second Amendment) Ordinance (XII of 1993)]---Transfer of case---While considering the question of transfer of criminal case, convenience of accused and his witnesses was of paramount consideration in comparison to the convenience of complainant and his witnesses unless special reasons existed for not following such principle---Hostility existed and blood fued was going on between the parties and accused party had apprehension regarding their safety---Case was ordered to be transferred as prayed for by accused. 1994 PCr.LJ 499; 1988 PCr.LJ 841 and 1994 PCr.LJ 722 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD ROSHAN ESSANI, JUSTICE:---.-----.--- The facts leading to the present transfer application are that applicant/accsued is facing trial under section 302, Qisas and Diyat Ordinance read with section 34, P.P.C. Crime No.6 of 1997 of Police Station Jhol in the Court of Additional Sessions Judge, Sanghar. It is averted in the application that there is old enmity between the complainant party and accused party as complainant party prior to this had murdered the cousin of the applicant/accused in which brother of the complainant was accused and the case was acquitted. In the present case complainant Sadiq is brother of accused Khuda Bux and the witnesses also belong to their brother, as such there is every likelihood of danger of life to the relatives of accused so also to accused due to old enmity. The case has not yet proceeded and the case was fixed on 7-5-1997 when complainant Sadiq came in the Court of Additional Sessions Judge, Sanghar alongwith witnesses and the atmosphere was such…

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