NANDLAL Vs. STATE MAHARASHTRA

JUDGEMENT

(1.) 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 :

(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 this court. It was also allowed vide order dated 26-11-2006 passed in Cr. Revision No. 1568/06 reported as 2007 (1) MPLJ 84. Accordingly, the trial Court was directed to summon all the three witnesses named above (hereinafter referred to as 'the witnesses') in accordance with law. Thereafter, the petitioners made an oral prayer before the trial Court for a direction requiring the state Government to meet expenses of the witnesses. The request was vehemently opposed by the prosecution. After hearing arguments, the learned trial Judge, while drawing an analogy from Section 243 (3) of the Code, though applicable to trial of warrant cases, and observing that the petitioners were in a position to incur expenses of the witnesses, proceeded to reject their prayer.

(3.) LEGALITY, propriety and correctness of the order saddling the petitioners, who are accused of serious offences including one entailing capital punishment with the liability, has been assailed on various grounds.