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  2. K. M. Nanavati vs State Of Maharashtra on 24 November, 1961. Equivalent citations: 1962 AIR 605, 1962 SCR SUPL. (1) 567, AIR 1962 SUPREME COURT 605, 1962 2 SCJ 347 1964 BOM LR 488, 1964 BOM LR 488. Bench: S.K. Das, Raghubar Dayal. PETITIONER: K. M. NANAVATI. Vs. RESPONDENT: STATE OF MAHARASHTRA. DATE OF JUDGMENT: 24/11/1961. BENCH: SUBBARAO, K.

    • Introduction
    • Facts of K.M. Nanavati v. The State of Maharashtra
    • Contentions of Both Parties in K.M. Nanavati v. The State of Maharashtra
    • Tests and Rules Applied in K.M. Nanavati v. The State of Maharashtra
    • High Court’S Decision
    • Supreme Court’S Decision
    • Post-Judgment Journey of Km Nanavati
    • Conclusion
    • Frequently Asked Questions
    • References

    In this article, we will discuss the intricacies of the infamous case of Naval Officer KM Nanavati.The case became so famous that many TV series and movies were made about it. Each TV series and movie depicts the narrative of each party. We are going to explore the complexities of the case and its impact on Indian society. We will go through compel...

    Kawas Manekshaw Nanavati 1925-2003 was a Parsi and a commander in the Indian Navy. He was second in command of the Indian Navy and was posted in Mysore. He settled in Bombay with his wife, Sylvia and their two sons and one daughter. Sylvia was a citizen of England. Due to the nature of Nanavati’s job, he had to travel from Bombay to various other p...

    Contentions of the petitioner

    The counsel of Nanavati put forth his contention that after Nanavati heard the confession made by Sylvia, he wanted to kill himself. However, Sylvia managed to calm him down. After this, Nanavati wanted to know whether or not Prem Ahuja was ready to marry her. He dropped his wife and children at the movie theatre and went to the ship in his car. After informing the ship authority that he wanted his revolver along with six rounds, he went off. He gave the reason that he was to drive alone to A...

    Contentions of the respondent

    The respondent’s very first disagreement was on the point that Prem Ahuja had just gotten out of the shower and his towel was still intact. It was still on his body when it was discovered. It has not fallen, which is quite surprising because Nanavati and Prem Ahuja had a scuffle between them. After Sylvia confesses to Nanavati, he calmly drives them to the movie theatre and drops them there. After this, he went to his ship and got the revolver on a false pretence. This clearly shows that he h...

    Issues before the Court

    1. Whether the High Court lacked jurisdiction under Section 307 of the CrPC to examine the facts in order to determine the competency of the Sessions Judge’s referral. 2. Whether the High Court had the power to strike aside a jury’s decision on the grounds of misdirection in charge under Section 3073 of the CrPC. 3. Whether there were any misdirections in the charge. 4. Whether the jury’s decision was such that it might have been reached by a group of reasonable men based on the facts present...

    Test for grave and sudden provocation

    The test involves the question of whether a reasonable man who belongs to the same class of society, would be provoked to act in the same way as the accused would in the same situation. The test when applied in India, also involves the gestures, words and former mental background developed by the victim. There must be sudden provocation, and the fatal blow must be a result of it. There should be no time for the calculation of the actions or any premeditation.

    The rule applied and the cases referred

    In Mancini v. Director of Public Prosecutions (1941), the court addressed the issue of whether the provocation could mitigate the charge of murder to manslaughter. The court noticed that when the provocation incites the intention to kill or cause grievous harm, the chances of applying the legal principle of reducing the murder to manslaughter rarely apply. This means that if a person, in the heat of passion triggered by sudden and grave provocation, forms an intention to kill or cause serious...

    Test of Jury Trials

    One of the most notable events that took place in this case was the utilisation of jury trials. This was inherited from the British legal system. In a jury trial, there is a group of citizens, which is typically 12 in number, and they have the responsibility of determining the guilt of the accused. The trial proceeds as a normal proceeding, like presenting evidence and arguments. However, in this case, we saw both the strengths and weaknesses of the jury trial in India. The jury provided dive...

    The division bench of the High Court of Bombay consisted of Shelat and Naik, J.J, who heard the case. However, both judges gave separate decisions on the case, but later both of them agreed that the accused was guilty of murder under Section 302 of the Indian Penal Code. He should be imprisoned for life. They concluded that the jury had been misled...

    The Supreme Court runs into the deeper intricacies of the case and the legal principles applied that are given under the Criminal Procedure Code, the Indian Penal Code and the Constitution of India.The court first examined paragraph 1 of Section 307 of the CrPC. The Court referred to the discretionary powers of the court to refer a case to the High...

    A series of significant events took place after the judgement. Nanavati always had influential connections with the Nehru-Gandhi family. He also had massive support from the Parsi community. The communal angle also played a vital role in this case. R.K. Karanjia was the owner of the newspaper Blitz. He was also a Parsi, and he published the story o...

    Nanavati’s case stands as a landmark in the history of the Indian legal system and how it subsequently led to the abolishment of jury trials. It grabbed the headlines from the very beginning, was then followed by a surprising decision of the jury and ended with the Supreme Court stepping in. The case, from its very beginning, had media attention, w...

    What happened to K. M. Nanavati?

    The High Court of Bombay found Nanavati guilty of killing Prem Ahuja and sentenced him to life imprisonment. However, the sentence was suspended by the governor of Bombay. Months later, the Supreme Court of India suspended the governor’s order, and Nanavti was sent to prison.

    What was the role of Ram Jethmalani in Nanavati’s case?

    Late Ram Jethmalani assisted the prosecution in the Nanavati case.

    Who had the burden of proof in the case of KM Nanavati?

    The onus of proving that it was an accident and not a pre-planned murder was on Nanavati. He was responsible for proving that it was an accident beyond a reasonable doubt.

    • Rachit Garg
  3. Commander K. M. Nanavati vs. State of Maharashtra was a 1959 Indian court case where Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife's lover.

  4. Aug 25, 2021 · BENCH: SUBBARAO, K.DAS, S.K. DAYAL, RAGHUBAR APPELLANT: K.M. NANAVATI RESPONDENT: STATE OF MAHARASHTRA. CASE SUMMARY. STATEMENT OF FACTS. Kevas Manekshaw Nanavati was an Indian Naval Officer who shifted along with his family to Bombay in 1959 where he met Prem Bhagwandas Ahuja, a businessman in Bombay.

    • K. M. Nanavati v. State of Maharashtra1
    • K. M. Nanavati v. State of Maharashtra2
    • K. M. Nanavati v. State of Maharashtra3
    • K. M. Nanavati v. State of Maharashtra4
  5. May 14, 2024 · The K.M. Nanavati v. State of Maharashtra case is one of the most intriguing and significant cases in the history of Indian jurisprudence. It involved Commander Kawas Manekshaw Nanavati, a Naval Officer, who was tried for the murder of Prem Ahuja, his wife’s lover.

  6. K.M. Nanavati vs. State of Maharashtra is a landmark case in the Indian legal history. The case grabbed attention from all sides as a high rank navy officer was involved in the murder of his wife's paramour. This case is considered important not just because it gained popularity but also because many important legal issues were raised in this case.

  7. Jul 29, 2023 · On April 27, 1959, Sylvia confessed to Nanavati of her illicit intimacy with a businessman and family friend Prem Ahuja. After knowing the truth of their illicit relationship, the accused shot Prem Ahuja dead with his semi-automatic revolver thereafter, the accused surrendered himself to the police.