KM NANAVATI V STATE OF MAHARASHTRA (1962 AIR 605 1962 SCR Supl. (1) 567)
- The bench - Subbarao K (Head); Das, S.K ;Dayal, Raghubar
- The Defendant/ Appellant – KawasManekshawNanavati(Accused)
- The Plaintiff/ Respondent – State of Maharashtra
Issue:
Whether Mr. K M Nanavati is liable for the charges framed against him under Section 302 and 304A of the Indian Penal Code for murder of his wife’s paramour?
The contentions-
Defendant- The accused held that, the two shots causing death of his wife’s paramour, Mr. Prem Ahuja were fired accidentally in the course of a struggle between them. The semi-automatic pistol was taken from the ship with the intention of taking his own life. The officer’s wife didn’t tell him whether Ahuja would marry her and take care of his children which is why he went to see Ahuja himself.
Plaintiff- The accused, K M Nanavati brutally killed his wife’s lover Ahuja in cold blood by firing two bullets. On the day of murder, the officer’s wife Sylvia confessed to him about the illegitimate relationship with Ahuja which is why the officer took a semi-automatic pistol and cartridges from the ship and went to Ahuja’s office to murder him. Later, he went to his flat, entered his bedroom and shot him dead.
Final Judgement-
The appellant was charged under section 302 and 304A of the Indian Penal Code. The case was tried in the Greater Bombay, session court where jury found K M Nanavati ‘not guilty’ by a ratio of 8:1 under both sections. Later, the session judge filled an appeal in the High Court where the learned judges overturned the jury’s verdict and found the accused guilty of murder and sentenced him a lifetime of rigorous imprisonment under Sec 302 of IPC. The accused also challenged the High Court’s verdict in the Supreme Court and approached the governor of the state for a mercy petition under Article 161 of the Constitution.
