CASE LAW: K.M NANAVATI V. STATE OF MAHARASHTRA

1. Presented by : Anjali Raj

2. PEOPLE INVOLVED
KAWAS MANEKSHAW
NANAVATI
SYLVIA PREM AHUJA
Commander with
the Indian Navy.
Husband of
Sylvia.
Murderer of Prem
Ahuja
English – born
wife of
K.M Nanavati.
Paramour of
Prem
A rich Sindhi
Businessman
Friend of
Nanavati

3. FACTS
• April 27, 1979 – K.M Nanavati was having
lunch with his wife that is when she
confessed her illicit intimacy with Mr. Prem
Ahuja (Friend of Nanavati )
• Nanavati dropped his family at the Metro
Cinema, for a show he had promised to take
them to, but excused himself.
• Nanavati went to the Naval base, collected his
pistol on a false pretext from the stores along
with six bullets

4. • Nanavati proceeded to Prem Ahuja's office.
On not finding him there, he went to Ahuja's
flat and found him there.
• A verbal confrontation between the two men
happened after which three shots were fired
by Nanavati and Prem Ahuja dropped dead.
• Nanavati headed straight to confess to the
Provost Marshal of the Western Naval
Command and, on his advice, turned himself
over to the Deputy Commissioner of Police.
• Nanavati was charged with sec.302 and 304 of
IPC.

5.  SECTION 302:
Whoever commits murder shall be punished with death
or imprisonment for life, and shall also be liable to fine.
 SECTION 304:
Whoever commits culpable homicide not amounting to
murder shall be punished with [imprisonment for life],or
imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine, if the act by which
The death is caused is done with the intention of causing
death, or of causing such bodily injury as is likely to cause death,
or with imprisonment of either description for a term which
may extend to ten years, or with fine, or with both, if the act is
done with the knowledge that it is likely to cause death, but
without any intention to cause death, or to cause such bodily
injury as is likely to cause death..

6. LATER PROCEEDINGS
• Case came at the Greater Bombay Sessions
court in front of 9 members special jury.
• Legal Argument claimed Grave and Sudden Provocation
• Jury in 8:1 majority acquitted Nanavati of all
charges.
• Judge Justice R.B Mehta refer this to H.C of Bombay.
• Bombay H.C held Nanavati guilty under Sec.302.
• Nanavati appealed in the S.C, on 24th Nov.1961
S.C dismissed the appeal.

7. • Parsis were demanding the Pardon but
granting it would be angering the Sindhis.
• In 1962 Vijayalakshmi Pandit received mercy
petition of Bhai Pratap a Sindhi businessmen.
• Government came up with the simple
compromise Nanavati and Bhai Pratap would
both be pardoned on the same day.