Karthik.T | Sastra Deemed University Thanjavur | 1st July 2020
K.M. Nanavati Vs State of Maharashtra
FACTS:
This was a landmark judgment on the exception of murder. The fact of this case is K.M. Nanavati who was working as a Naval Commander and his wife Syliva, and their 2 sons and 1 daughter who shifted to Bombay. They have a neighbor called Prem Ahuja who was a friend of Nanavati. Nanavati will leave his town frequently because of his work during that time Mrs. Syliva was alone with his children so she used to talk with Prem. As time went on they both became close friends and after that, an illicit relationship was found between them. Prem told Mrs. Syliva that I will marry you once you divorce Nanavati. Nanavati returned home after his work and felt that Syliva was in unstable condition and asked her why she was like this and she said about the relationship between her and Prem. Nanavati was tense and went to Prem’s house but he was not there. The next day Nanavti took all his family to a movie and left them in the theatre and went to the shipping warehouse and took a pistol and went to Prem’s house. That time he was there in his house and Nanavati asked whether you will marry my wife and look after my children. He replied that he won’t marry her further he said “then I should marry every woman who I will sleep with. Nanavati suddenly provoked and shot Prem with his gun in Prem’s bedroom. After that, he went and surrendered to the police.
ISSUES:
Whether Nanavati will be charged for the offense of Murder under section 302 of the Indian Penal Code.
LEGAL PROVISION
Section 302 of Indian Penal code.
PETITIONER CONTENTION:
Petitioner contended that he killed Prem out of the grave and sudden provocation. There is no intention of killing him.
OBSERVATION:
Jury trial went on to this case the jury said that Nanavati is not guilty of murder. Prem’s sister filed a case in the high court and said that Nanavati was guilty of an offense under section 302 of I.P.C. The high court accepted her condition and held that Nanavati waited a day after that only he went to Prem’s house grave and sudden provocation will not last for a day and explained the proper meaning of grievous provocation
JUDGMENT:
The court held that Nanavti is guilty of an offense under culpable homicide amounting to murder and gave life imprisonment. He moved to the Supreme court. The supreme court also convicted him to life imprisonment. And the government of India abolished the jury trial in India.
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