Bisheshwar Prasad Singh, J. - (1.)Special leave granted.
(2.)By its judgment and order dated 12th June, 2001, the High Court of Karnataka at Bangalore in Criminal Appeal No. 849 of 1998 affirmed the conviction and sentence of the appellant under section 302 IPC who had been convicted and sentenced by the IVth Additional Sessions Judge, Mayo Hall, Bangalore in case No. 323 of 1997 under Section 302 IPC to undergo imprisonment for life and to pay a fine of Rs. 5000/-, and in default of payment of fine to undergo simple imprisonment for six months.
(3.)The case of the prosecution is that on 17th December, 1996 Smt. Sumathi, PW10 along with her husband Mohan Nair (deceased) was proceeding to her house at about 9 p.m. When they were between the new and old railway line at Benaganahalli, Mohan Nair (deceased) stopped to urinate and was doing so when the appellant Muthu came and questioned him as to why he has urinating there. Mohan Nair (deceased) retorted by saying that it was a public place. Upon this the appellant took out a knife and stabbed him thrice, and thereafter ran away. Mohan Nair was bleeding from his injuries and was immediately removed to the Bowring hospital by his wife Smt. Sumathi with the help of two constables who had reached soon after the occurrence. However, Mohan Nair (deceased) breathed his last at about 10.15 p.m. in the hospital. Smt. Sumathi PW-10 went to the police station at Byappanahalli under Ulsoor circle and lodged a report at 2300 hrs. on 17-12-1996. Since she did not know the Kannada language, PW-16, Kurupa was called to the police station and she translated into Kannada the information given by the informant in Malyalam language.