ORDER :- A short yet a significant question has been raised in this revision preferred against the order dated 13-3-2007 passed by Sessions Judge, Chhindwara in S. T. No. 237/1996. It may be formulated as under :

"whether the Court of Session has any discretion in the matter of payment, on the part of the Government, of the expenses of defence witnesses"

2. The petitioners stand prosecuted for the offences punishable under Sections 376(2)(g), 302 and 201 of the I. P. C. allegedly committed at Nagpur (Maharashtra). However, by virtue of order dated 15-7-1996 passed by the Supreme Court in S. L. P. No. 1240/96, the case was transferred for trial to the Court of Session at Chhindwara (M. P.). In defence, the petitioners proposed to examine as many as 9 witnesses including (i) Dr. R. K. Wright, a resident of Turteltown, USA (ii) Dr. Anil Agrawal, Professor, Maulana Azad Medical College, New Delhi and (iii) Mr. P. K. Satyanathan, Govt. Pleader, Nagpur. However, the learned trial Judge rejected their prayer in respect of these three witnesses for a variety of reasons. Being aggrieved, the petitioners challenged legality and correctness of the impugned order by filing a revision before thi

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