K. M. Nanavati vs. State of Maharashtra[1]
Supreme Court of India Image File history File links Emblem_of_India. ...
Decided November 11, 1961
Full case name: K. M. Nanavati vs. State of Maharashtra Citations: 1962 AIR 605 1962 SCR Supl. (1) 567 Prior history: Jury's Judgment for defendant, Jury Trial-Charge-Misdirection-Reference by Judge, High Court Conviction under Sec.302 of the Indian Penal Code Subsequent history: Appeal dismissed
Holding
Appellant Nanavati, a Naval Officer, was put up on trial under sec. 302 and 304 Part I of the Indian Penal Code (IPC) for alleged murder of his wife's paramour. The High Court dismissed the earlier acquittal by a Jury Trial and convicted the accused to life imprisonment under Sec. 302 of IPC.
Court bench
Headed by: Subbarao, K. Members: Das, S.K.; Dayal, Raghubar
Laws applied
Code of Criminal Procedure(Act, 5 of 1898), 88. 307, 410, 417, 418 (1), 423(2), 297,155 (1), 162-Indian Penal Code, 1860 (Act 45 of 1860), 88. 302, 300, Exception I-Indian Evidence Act,1872 (1 of 1872), 8. 105.

K. M. Nanavati vs. State of Maharashtra was a 1959 Indian court case involving Kawas Manekshaw Nanavati, who was tried for shooting dead Prem Ahuja, his wife Sylvia's paramour. The incident shocked the nation, got unprecedented media coverage and inspired several books and movies. The case was not only the last jury trial held in India, but also a direct cause for the abolition of jury trials. Year 1959 (MCMLIX) was a common year starting on Thursday (link will display full calendar) of the Gregorian calendar. ... This is a list of significant court cases. ... An intimate relationship is a interpersonal relationship where there is a great deal of physical or emotional intimacy. ... It has been suggested that this article or section be merged with Jury. ...

Background

Kawas Manekshaw Nanavati (1935–2003), a Parsi and a commander with the Indian Navy, had settled down in Mumbai with Sylvia (1931–), his English born wife and their two sons and a daughter.^[2][3] Holding Appellant Nanavati, a Naval Officer, was put up on trial under sec. ... 1935 (MCMXXXV) was a common year starting on Tuesday (link will display full calendar). ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... This article is about the Parsi community. ... Commander is a military rank which is also sometimes used as a military title depending on the individual customs of a given military service. ... The Indian Navy is the naval branch of the armed forces of India. ... , Bombay redirects here. ... Year 1931 (MCMXXXI) was a common year starting on Thursday (link will display full 1931 calendar) of the Gregorian calendar. ... For other uses, see England (disambiguation). ...

Kawas Nanavati Image File history File links Kawas_Nanavati. ...

Sylvia Nanavati Image File history File links Sylvia_Nanavati. ...

With Nanavati frequently away on assignments for long periods of time, the lonely Sylvia fell in love with Prem Bhagwandas Ahuja, a friend of Nanavati.^[2][4] Prem's sister Mamie Ahuja, in her testimony in court, stated that Prem had agreed to marry Sylvia, provided she divorced her husband. But this was contradicted by the letters written by Sylvia (admitted as Sylvia's testimony), where she expressed her desire to divorce Nanavati and marry Prem, but she doubted whether Prem had the same intentions. In a letter dated May 24, 1958, she wrote "Last night when you spoke of your marrying and the various other girls you might marry, something inside me snapped and I knew I could not bear the thought of your loving someone else…".^[2] is the 144th day of the year (145th in leap years) in the Gregorian calendar. ... Jan. ...

Shooting

On April 27, 1959, Nanavati returned home from one of his assignments and finding Sylvia aloof and distant, he questioned her. Sylvia, who now doubted Prem's intent to marry her, confessed about the affair to her husband. Nanavati dropped his family at the Metro Cinema, for a show he had promised to take them to, but excused himself and headed straight to confront Prem Ahuja.^[5][6] When Sylvia was asked in court, why she went to the theatre, leaving her agitated husband behind, she answered, "I was upset myself and I did not think clearly then. I was not indifferent to my husband killing himself… It is difficult to explain these things to children, so I took them to the cinema."^[2] is the 117th day of the year (118th in leap years) in the Gregorian calendar. ... Year 1959 (MCMLIX) was a common year starting on Thursday (link will display full calendar) of the Gregorian calendar. ... Metro Cinema is a famous cinema in Bombay, India. ...

At Ahuja's residence, Nanavati confronted him and asked him whether he intended to marry Sylvia and accept their children. After Prem replied in the negative, three shots were fired 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 in to the Deputy Commissioner of Police.^[6] The Provost Marshal is the officer in the armed forces who is in charge of the military police (often called the provost). ...

Jury trial

The crux of the case was whether the gun went off accidentally or whether it was a premeditated murder. In the former scenario, Nanavati would be charged under the Indian penal code, for culpable homicide, with a maximum punishment of 10 years and in the latter, he would be charged with murder, with the sentence being death or life imprisonment. Nanavati pleaded not guilty and his defence team argued it as case of culpable homicide not amounting to murder,^[7] while the prosecution argued it was premeditated murder.^[8] Indian Penal Code (IPC, Hindi: भारतीय दण्ड संहिता, Urdu-in-devanagari: ताज़ीरात-ए-हिन्द ) provides a penal code for all of India including Jammu and Kashmir, where it was renamed the Ranbir Penal Code (RPC). ... This article is about homicide, the killing of a human being. ... Death penalty, death sentence, and execution redirect here. ... Life imprisonment is a sentence of imprisonment for a serious crime, nominally for the entire remaining life of the prisoner, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually 50 years) a prisoner may be incarcerated, or require the...

The jury in the Greater Bombay sessions court pronounced Nanavati as not guilty, with an 8–1 verdict. The sessions judge considered the acquittal as perverse and referred the case to the high court. The prosecution argued that the jury had been misled by the presiding judge on four crucial points. One, the onus of proving that it was an accident and not premeditated murder was on Nanavati. Two, was Sylvia's confession the grave provocation for Nanavati, or any specific incident in Ahuja's bedroom or both. Three, the judge wrongly told the jury that the provocation can also come from a third person. And four, the jury was not instructed that Nanavati's defence had to be proved, to the extent that there is no reasonable doubt in the mind of a reasonable person. The court accepted the arguments, dismissed the jury's verdict and the case was freshly heard in the high court. Since the jury had also been influenced by media and public support for Nanavati and was also open to being misled, the Indian government abolished jury trials after this case.^[8] Greater Bombay was the term used to denote the suburban area of Bombay, India. ... In Indian cities, the Sessions Court is responsible for adjudicating matters related to criminal cases. ... This article needs to be cleaned up to conform to a higher standard of quality. ... In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ... The reasonable man or reasonable person standard is a legal fiction that originated in the development of the common law. ... Judiciary Supreme Court of India Chief Justice of India High Courts District Courts Elections Political Parties Local & State Govt. ...

Retrial

After Nanavati's acquittal by the Jury was dismissed, his retrial was held in the Bombay High Court.

Image File history File links Bombay-High-Court. ... Image File history File links Bombay-High-Court. ... The Bombay High Court was inaugurated on August 14, 1862. ...

Defence version

In the Bombay High Court, the defence put forth their version of the incident, for which there were no witnesses other than the two men, and no evidence. Hearing Sylvia's confession, an enraged Nanavati wanted to shoot himself, but was calmed down by Sylvia, who told him that he is not to be blamed for this and there was no reason that he should shoot himself. Since Sylvia did not tell him whether Prem intended to marry her, Nanavati sought to find it out for himself.^[1] When Nanavati met Prem at the latter's bedroom, Prem had just come out of the bath dressed only in a towel; an angry Nanavati swore at Prem and proceeded to ask him if he intends to marry Sylvia and look after his children. Prem replied, "Will I marry every woman I sleep with?", which further enraged Nanavati. Seeing Prem go for the gun, enclosed in a brown packet, Nanavati too went for it and in the ensuing scuffle, Prem's hand caused the gun to go off and instantly kill him.^[8] The Bombay High Court was inaugurated on August 14, 1862. ...

Prosecution version

On the other hand the prosecution's version of the story and their counter-points against the defence's version, was based on replies by witnesses and backed by evidence. The towel that Ahuja was wearing was intact on his body and had neither loosened nor fallen off. In the case of a scuffle, it is highly improbable that the towel would have stayed intact. After Sylvia's confession, a calm and collected Nanavati dropped his family to the theatre, drove to his naval base and according to the Navy log, had acquired a gun and rounds, under a false pretext. This indicated that the provocation was neither grave nor sudden and that Nanavati had the murder planned. Ahuja's servant Anjani testified that three shots were fired in quick succession and the entire incident took under a minute to occur, thus ruling out a scuffle. Nanavati walked out of Ahuja's residence, without explaining to his sister Mamie that it was an accident. He then unloaded the gun, went to the Provost Marshall and again went to the police to confess his crime, thus ruling out that he was dazed. The deputy commissioner of police testified that Nanavati confessed that he had shot dead Ahuja and even corrected the misspelling of his name in the police record.^[8]

The high court agreed with the prosecution's argument that the murder was premeditated and sentenced Nanavati to life imprisonment for culpable homicide amounting to murder. On November 24, 1961, the Supreme Court of India upheld the conviction.^[8][6] is the 328th day of the year (329th in leap years) in the Gregorian calendar. ... Year 1961 (MCMLXI) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ...

Public support

The incident both shocked and riveted the entire country. Such a crime of passion, as it was termed, was unusual, especially in the upper echelons of the society and that too by a highly decorated officer. People also found the unfolding relationships intriguing. For instance, Nanavati had known Ahuja for nearly 15 years and Sylvia stood by her husband after Ahuja's murder.

The weekly tabloid Blitz, run by R. K. Karanjia, a Parsi himself, publicised the story, ran exclusive cover stories and openly supported Nanavati, portraying him as a wronged husband and upright officer, betrayed by a close friend. Blitz painted Nanavati's image, as that of a man representing the ideal middle class values as against Ahuja's playboy image, that symbolised the corruption and sleaze of the bourgeois. A copy of Blitz during the trial sold for Rs.2/- per copy, up from the normal rate of 25 Paise or 0.25 rupee.^[9] Peddlers on the street sold Ahuja Towels and toy Nanavati Revolvers.^[6] The middle class (or middle classes) comprises a social group once defined by exception as an intermediate social class between the nobility and the peasantry. ... This article is about political corruption. ... Bourgeois at the end of the thirteenth century. ... “INR” redirects here. ... A Paisa is one-hundredth subdivision of currency, often rupees. ...

Influential Parsis held regular rallies in Mumbai, with the largest being an event held at Cowasji Jehangir Hall, to support the Governor's decree that suspended Nanavati's life sentence and put him under naval custody, until his appeal was heard by the Supreme Court. At that rally, 3,500 people filled the hall and around 5000 stood outside.^[9] Nanavati also received backing from the Indian Navy and the Parsi Panchayat, while the Sindhi community backed Mamie Ahuja. Even among the jurists, Ram Jethmalani, a Sindhi, consulted the prosecution, while Karl Khandavala, a Parsi, represented Nanavati. Ram Jethmalani (born September 14, 1923) is an Indian politician. ...

Release

While Nanavati spent 3 years in prison, public opinion thought the sentence was too harsh and the Blitz magazine kept the issue alive and pressured the government to pardon Nanavati. Nanavati, by virtue of working as a Defence Attaché to V. K. Krishna Menon, while he was a high commissioner to the United Kingdom, was also close to the Nehru-Gandhi family. But a public pardon could have got an angry reaction from the Sindhi community.^[6] A military attaché is a military expert who is part of a diplomatic mission. ... V.K. Krishna Menon Vengalil Krishnan (V.K.) Krishna Menon (May 3, 1897 - October 6, 1974) was an Indian nationalist and politician. ... The family of Motilal Nehru, who is seated in the centre. ...

At the same time, the government received an application for pardon from Bhai Pratap, a Sindhi trader and a participant in the Indian independence movement, who was convicted for misusing an import license, but exonerated by a government inquiry. The prosecution working with Ram Jethmalani, the Defence's counsel, got Prem's sister Mamie Ahuja to forgive Nanavati and give her assent for his pardon, in writing. Vijaya Lakshmi Pandit, then governor of Maharashtra, pardoned Bhai Pratap and Nanavati on the same day.^[6] Freedom fighter is a relativistic local term for those engaged in rebellion against an established organization that is thought to be oppressive. ... The term Indian independence movement is diffused, incorporating various national and regional campaigns, agitations and efforts of both Nonviolent and Militant philosophy and involved a wide spectrum of Indian political organizations, philosophies, and movements which had the common aim of ending the British Colonial Authority as well as other colonial... Vijaya Lakshmi Nehru Pandit (विजयलक्ष्मी नेहरू पंडित) (1900 - 1990) was an Indian diplomat and politician, sister of Indian Prime Minister Jawaharlal Nehru, and the first female President of the United Nations General Assembly. ... For other uses, see Governor (disambiguation). ... , Maharashtra (Marathi: महाराष्ट्र , IPA  , translation: Great Nation) is Indias third largest state in area and second largest in population after Uttar Pradesh. ...

After his release, Nanavati, his wife Sylvia and their 3 children emigrated to Toronto, Canada. Nanavati died in 2003.^[10] Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...

In popular culture

Yeh Raaste hain Pyar ke, a 1963 suspense thriller, directed by R.K. Nayyar depicting Sunil Dutt as Nanavati, Leela Naidu as Sylvia and Rehman as Prem was the first Bollywood film to exploit the case, but flopped at the box office. The film closely followed the actual case, with even the cast being chosen for their close resemblance to their real-life counterparts. But in the end, Sunil Dutt (Nanavati) shoots both his wife and her paramour.^[6][11] The year 1963 in film involved some significant events. ... The thriller is a broad genre of literature, film, and television. ... Sunil Dutt (Hindi: सुनील दत, June 6, 1930 – May 25, 2005), born as Balraj Dutt was an Indian Bollywood actor, producer, director and politician. ... Bollywood (Hindi: , Urdu: ) is the informal term popularly used for Mumbai-based Hindi-language film industry in India. ... This article is about motion pictures. ... Fail and Phail redirect here. ... The term box office can refer to either: A place where tickets are sold to the public for admission to a venue The amount of business a particular production, such as a movie or theatre show, does. ...

Achanak, a 1973 crime drama, written and directed by Gulzar, depicting Vinod Khanna as Nanavati, Lily Chakravarty as Sylvia and Om Shivpuri as Prem, echoed the case and was a box-office hit. In the film, Vinod Khanna, who plays an upright army officer, receives a death sentence but its execution remains inconclusive.^[12] // Events The Marx Brothers Zeppo Marx divorces his second wife, Barbara Blakely. ... A drama film is a film that depends mostly on in-depth character development, interaction, and highly emotional themes. ... Sampooran Singh Gulzar (born as on August 18, 1936), famously known as Gulzar, is an Indian poet, lyricist, film-maker, director, and playwright from India. ... Vinod Khanna (born 6 October 1946) is an Indian actor, film producer and politician. ... Om Shipuri was a notable indian actor. ...

Besides a Hindi book titled Nanavati ka Mukadama (Nanavati's trial), Anglo-Indian novelist Indra Sinha's The Death of Mr Love is a fictional account based on the murder. The book, spanning four decades between the 1950s to 1990s, tells the story of Mrs.S, the second woman besides Sylvia, with whom Prem had a physical relationship. In the title, Love is the literal translation of Prem, Ahuja's first name.^[13] Hindi (DevanāgarÄ«: or , IAST: , IPA:  ), an Indo-European language spoken all over India in varying degrees and extensively in northern and central India, is one of the 22 official languages of India and is used, along with English, for central government administrative purposes. ... Anglo-Indians are persons who have descended from a mix of British and Indian parentage. ... For other uses, see Fiction (disambiguation). ... The 1950s decade refers to the years 1950 to 1959 inclusive. ... For the band, see 1990s (band). ...

Salman Rushdie's novel Midnight's Children, which features many major political events in India in the 60s and 70s has a scene in which a naval officer discovers his wife has been having an affair, confronts her lover, who is an old friend of his, and shoots him. Sir Ahmed Salman Rushdie (born June 19, 1947) is an Indian-British novelist and essayist. ... Midnights Children is a 1981 novel by Salman Rushdie. ...

Notes and references

1. ^ ^{a b} K. M. Nanavati vs. State of Maharashtra. Retrieved on October 17, 2005.
2. ^ ^{a b c d} Sharma, Vijaya. Sylvia Nanavati. The Nanavati Case. Retrieved on October 17, 2005.
3. ^ Sharma, Vijaya. Nanavati Profile. The Nanavati Case. Retrieved on October 17, 2005.
4. ^ Sharma, Vijaya. Prem Bhagwandas Ahuja. The Nanavati Case. Retrieved on October 17, 2005.
5. ^ Prakash, Gyan. Blitz's Bombay. Seminar. Retrieved on October 17, 2005.
6. ^ ^{a b c d e f g} Sethi, Aarti (2005). "The Honourable Murder: The Trial of Kawas Maneckshaw Nanavati", in Narula, Monica; Sengupta, Shuddhabrata; Bagchi, Jeebesh; Lovink, Geert: Sarai READER 05: BARE ACTS. The Sarai Programme, pp. 444–453. ISBN 81-901429-5-X. . NB: on-line chapter is in PDF format
7. ^ Under section 304 of the Indian penal code, Culpable Homicide not amounting to murder can be pleaded, if the homicide is not premeditated and occurs, due to a grave or sudden provocation, or in a sudden confrontation, without taking any undue advantage or acting in a cruel or unusual manner, irrespective of who provoked first.
8. ^ ^{a b c d e} Sharma, Vijaya. Defence Vs Prosecution (pg.1). The Nanavati Case. Retrieved on October 17, 2005.
9. ^ ^{a b} Sharma, Vijaya. Heady days of the trial. The Nanavati Case. Retrieved on October 17, 2005.
10. ^ Honor Killing: No 'crime of passion'. Retrieved on October 17, 2005.
11. ^ Yeh Raaste Hain Pyaar Ke (1963). Retrieved on October 17, 2005.
12. ^ Achanak (1973). Retrieved on October 17, 2005.
13. ^ The Death of Mr Love. Retrieved on October 17, 2005.

is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... PDF is an abbreviation with several meanings: Portable Document Format Post-doctoral fellowship Probability density function There also is an electronic design automation company named PDF Solutions. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...

External links

• Text of the judgement
• The Nanavati Case — Articles about the case from the Hindustan Times tabloid.
• Sharma, Vijaya. Nanavati released!. The Nanavati Case. Retrieved on October 17, 2005.