1. ' The facts leading to the present transfer application are that applicant/accused 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.
2. ' 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.
3. 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 along with witnesses and the atmosphere was such that there was every likelihood of quarrel however the brother of accused and his relatives slipped away from the Court premises. It is further averted that the relatives of the accused have to cross P.S. Jhol and that to reach District Sanghar and it will be convenient for the complainant as well as for the accused party that if the above case is transferred from the Court of Additional Sessions Judge, Sanghar to the Court of Additional Sessions Judge, Shandadpur or to the Court of Additional Sessions Judge, Tando Adam. Reliance is placed on 1994 PCr.LJ 499; 1988 PCr.LJ 841 and 1994 PCr.LJ 722. Mr. Agha Khuda Bux Advocate appearing on behalf of State concedes for the transfer of case.
4. Admittedly, hostility is existing between the parties and while considering the question of transfer of the case, convenience of accused and his witnesses is of paramount consideration in comparison to the evidence of the complainant and his witnesses unless there are special reasons for evading from this principle. Under the existing facts and circumstances of the case when blood feud is going on between the parties and petitioner/accused party has apprehension regarding their safety. I hereby direct that case may be withdrawn from the file of learned Additional Sessions Judge, Sanghar and be transferred to the Court of learned Additional Sessions Judge, Tando Adam. The application is disposed of.
5. Case transferred.