M NANAVATI case is one of the landmark judgement of India .This case involved Kawas Manekshaw Nanavati, a Naval Commander who was tried for committing the murder of his wife’s lover, Mr.Prem Ahuja. Initially, Nanavati was not declared guilty but later the decision was dismissed by the Bombay High Court and the case was tried under a bench trial.
This case was the last one in the area of Jury Trials in India.
FACTS–
Nanavati was second in command of Indian Naval Ship during the time he committed murder.
Married to a lady named Sylvia and had three children with her.
He had to keep moving from one place to another in his course of employment and which at last was in MUMBAI.
Mr. Nanavati and his wife met Mr. Ahuja through a common friend.
Ahuja and Sylvia became good friends and gradually their friendship turned into an intimate relationship.
On April 27, 1959, Sylvia confessed to her husband Nanavati about her and Ahuja’s illicit intimacy.
Unable to bear the betrayal, angry Nanavati took from the store of his ship a semi-automatic revolver and six cartridges on a false pretext, loaded the gun and went to Ahuja’s flat. The servant at Ahuja’s flat opened the door. Nanavati went to Ahuja’s bedroom and closed the door from inside and abused Ahuja by calling him a Swine.
Nanavati then questioned Ahuja that whether he would marry Slyvia and look after his children. To this Ahuja replied saying, “Am I to marry every women I sleep with?” The accused Nanavati got enraged from this answer of his and placed the envelope containing the revolver on a cabinet nearby and threatened to thrash the deceased. The deceased made a sudden move to grasp the envelope, when Nanavati whipped out his revolver from the envelope and told Ahuja to back off. A struggle went off between the two and in the course of the struggle two shots went off accidentally and hit Ahuja which resulted in his death and thereafter Nanavati surrendered to the Police.
Nanavati was charged under section 302 of the Indian Penal Code, 1860. The trial court convicted him under Section 304A of IPC and later under an appeal the high court converted it into S.302 of IPC.
JUDGEMENT –
It was held by the court that the conduct of the accused clearly showed that the murder committed by him was a deliberate one and the facts of the case do not attract the provision of Exception I of section 300 of IPC as the accused by adducing evidence failed to bring the case under General Exception of IPC.
Therefore, as a result, the court convicted Nanavati under section 302 of IPC and sentenced him of Imprisonment for Life.
CONCLUSION:In KM Nanavati verses State of Bombay, the court held that the apparently absolute power of Governor under Art. 161 of Constitution to grant pardon/suspend a sentence passed on an accused person is not available during the period the matter becomes Sub-Judice before the Supreme Court (i.e. matter has been referred to the court), as otherwise it will conflict with the judicial power of that court provided under Art. 142.
Therefore on the principle of harmonious construction and to avoid a conflict between the two powers it must be held that Art. 161 does not deal with the suspension of sentence during the time that Art. 142 is in operation and the matter is sub-judice in this Court.
BY: DEVIKA SHARMA
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