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SCENE 3(COURT TRIAL)


NARRATOR: As everyone knows that we are presenting K.M.
Nanavati vs. Maharashtra, in which the charge sheet for the
murder of Prem Ahuja is being presented.
RAM JETHMALANI: Honorable Judge, I would like to seek
permission from the Public Prosecutor from Ahuja’s side to
present the evidence in the court.
JUDGE: Granted.
RAM JETHMALANI: Honorable Sir, K. M. Nanavati is a naval
officer. He married a foreigner girl, Sylvia, on 27 August 1949,
with whom he has three children, a boy of 9 and a half years, a
girl of 5 and a half years and a boy of 3 years. And he is residing
in Juhu Chowpatty Bungalow No. 21 in Mumbai with his family.
Since KM Nanavati is a naval officer and he spends most of his
time outside. When he came home on 27 April 1959, there was
some change in the behavior of his wife Sylvia. Due to which
Sylvia has told Nanavati that she is neither the same as before nor
faithful. She has an immoral relationship with Prem Ahuja and
hearing all this, KM Nanavati didn’t react and conspired to kill
Prem Ahuja. KM Nanavati reached the cinema hall with his wife
and children around 3:30pm there he dropped his wife and
children then he reached his naval office at around 4:00pm and
from there K. M. Nanavati asked naval officer Mr. Subba for a
revolver and 6 bullets and took the revolver and 6 bullets and
kept them in a brown colored packet and went directly to Prem
Ahuja's office which is located in the “Middle of Saint” and
reached there around 4:30pm but Prem Ahuja wasn’t there. Then
he went directly to his house which is Bungalow No. 23, Andheri
West. After reaching there, at around 5:00 pm, Mr. Nanavati shot
three bullets to Prem Ahuja in his bedroom. And after that he
reached the Andheri West police station and confessed his crime
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in the police station, whose FIR copy I would like to present to


you.
My lord, he confessed his crime and surrendered himself to the
police. My lord, I would like to request you that when KM
Nanavati has accepted his crime, saying that I have killed Prem
Ahuja. Therefore, under section 300 of IPC, it should be treated
as murder and punished with criminal punishment under 302.
That's all your honour.
KARL: Honorable Judge, I would like to make some submissions
on behalf of my client.
JUDGE: Granted.
KARL: Vakalatnama page number 8 which has been submitted
before you. Your Honour, the story and facts told by my capable
friend are very important for this case.
Your Honour, the facts of this case are as follows, my client
Nanavati is working as a Naval Commander.
My client Nanavati got married a while back whose wife's name is
Sylvia. Nanavati and Sylvia loved each other and their children
very much. He was also very attached to their friends. In between
Prem Ahuja and Nanavati became friends and after some time
their friendship became stronger. As you know Nanavati is a
Navy Commando so he has to stay away from his home for a long
time due to which he has to leave his wife and children at home
alone.
As his wife and children are left alone. Only then Prem Ahuja
came to know about this. Then Prem Ahuja started coming to his
house. And meanwhile tried to trap Nanavati's wife in love trap
and created a new plan! Meanwhile, Prem Ahuja started giving
her many gifts and it was Prem Ahuja's hobby to trap new girls in
love. And he started taking Sylvia to parties and in the meantime,
Sylvia also started loving him and my client came home after
completing his duty on 27 April 1959, seeing the change in his
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wife's behavior, when he asked Sylvia, she started crying and


Sylvia told her husband Whatever was between him and Prem
Ahuja, Nanavati consoled Sylvia after hearing all this, he asked
Sylvia whether Prem Ahuja wants to marry her? So, Sylvia said
no and Sylvia started crying!
Nanavati pacifies Sylvia and tells her that you and children get
ready, we will go to watch the movie. Nanavati went to buy tickets
to watch a movie with his wife and children. The movie show was
from 3:00pm to 6:00pm. So, Nanavati said that I will receive you
all from here after the movie gets over. After some time, my client
goes to his naval office and asks for a revolver from the officer.
When Nanavati was asked the reason for taking the revolver,
Nanavati said that I have to go to my friend's wedding. And he
needs a revolver for his self-protection. And I want like to present
the marriage card as a proof.
JUDGE: Granted.
KARL: Nanavati took the revolver from there and left. And when
he goes to Prem Ahuja's office, he came to know that Prem Ahuja
has not come to his office and he reaches Prem Ahuja's house
directly from the office. And on asking the servant there, it is
known that Prem Ahuja is in his bedroom. And when Prem
Ahuja comes out of the bathroom after taking a bath, Nanavati
asks Ahuja, will you marry my wife and adopt my children? And
on hearing this, Prem Ahuja said abusive and objectionable
things, should I marry every woman who has slept with me? And
after hearing all these abuses, my client became very angry
because the future of his wife and children was in question.
Hearing this, there was a scuffle between Nanavati and Prem
Ahuja and in the meantime a bullet was fired from my client and
due to this Prem Ahuja was killed. After some time, my client
came to know about this incident, then he went to the police
station and surrendered himself. My learned friend told that
instead of murder under section 300 of IPC, it will be considered
as due to sudden provocation under section 300(1). Therefore, I
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want to request the Honorable Judge that instead of considering


it as murder under section 300, it should be considered a sudden
provocation under 300(1) and honorably acquit my client because
he is a true naval commando and an honest patriot, so no one
should be blamed on him. He should not be accused of murder
and he should be acquitted with honour.
That's all your honour.

RAM JETHMALANI: Your Honour, as my fellow advocate has


pointed out, it is a serious and sudden outburst. Your Honour, I
would like to tell you that this was not a serious and sudden
provocation. There was a conspiracy because the clock was
exactly 3:00 when Judge Sylvia told him that she was no longer
chaste and had an immoral relationship with Prem Ahuja, but
when KM Nanavati murdered Prem Ahuja, at that time 6 It
happened at 00:00, in the meanwhile 3 hours had passed, Judge
Saheb, this is not a serious and sudden provocation, it was a well-
planned conspiracy under which KM Nanavati killed him.
Judge, I would like to seek permission to call Mamie Ahuja in the
witness box.
JUDGE: Allowed.
Mamie Ahuja: I Mamie Ahuja, whatever I say in this court, I will
tell the truth considering God as a witness.
RAM JETHMALANI: Mamie Ahuja 27 April 1959 When your
brother was murdered, you were at home, then tell the court what
happened at that time, at what time the murder took place.
Mamie Ahuja: When KM Nanavati came to our house, the
servant opened the door and went away after talking to the
servant for some time. He was looking angry at that time.
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RAM JETHMALANI: Point to be noted my lord, when KM


Nanavati came to Prem Ahuja's house, he was seen somewhat
angry.
Mamie Ahuja: Shortly after he entered the room three gunshots
were heard.
RAM JETHMALANI: Point to be noted my lord Three gunshots
were heard.
Mamie Ahuja: When we went into the room, my brother Prem
Ahuja was lying in a pool of blood near the bathroom.
RAM JETHMALANI: Point to be noted my lord, his brother
Prem Ahuja had fallen right in front of the bathroom, Mamie
Ahuja saw his dead body, when KM Nanavati came to your
house, what time was the clock at that time and at what time the
incident took place Tell the court that it must have happened.
Mamie Ahuja: At that time it would be around 6:00 in the
evening.
RAM JETHMALANI: Point to be noted my lord around 6:00 pm.
Memi Ahuja When KM Nanavati came to your house on 27th
April, tell the court what was in the hands of KM Nanavati.
Mamie Ahuja: He had a brown envelope in his hand.
RAM JETHMALANI: Point to be noted my lord he had a brown
colored envelope in his hand. Memi Ahuja What was KM
Nanavati holding in your hand on April 27 when your brother
was killed and when you went to the bedroom and you heard
three gunshots?
Mamie Ahuja: He had a revolver in his hand at that time.
RAM JETHMALANI: Point to be noted my lord when he went to
the room he had a revolver in his hand Memi Ahuja when you
went to the bedroom your brother was killed then KM Nanavati
did not try to know that your brother was dead were or are alive.
Didn't try to help you?
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Mamie Ahuja: No, he quickly left at that point.


RAM JETHMALANI: Your Honour, if it was a sudden and
serious provocation, KM Nanavati would have tried to find out
whether his friend Prem Ahuja, who was a good friend, was dead
or not. It is a well-planned conspiracy and murder.
During the defense of my client KM Nanavati, advocate in
Honorable Judge, I want permission to ask questions to Memi
Ahuja?
JUDGE: Allowed.
{Mamie Ahuja in witness box}
KARL: Since when and where were you and your brother Prem
Ahuja living in Mumbai?
Mamie Ahuja: We were living in bungalow number 20 near Juhu
Chowpatty since 2005.
KARL: What did Prem Ahuja do?
Mamie Ahuja: He used to run an automobile company.
KARL: How did he treat people?
Mamie Ahuja: His behavior with people was very good.
KARL: How many friends does Prem Ahuja have and how many
of them do you know?
Mamie Ahuja: He has many friends but I only know a few.
KARL: How many friends used to visit his house every day?
Mamie Ahuja: I don't know. My brother and I often used to wake
up at night.
KARL: How many female friends did he have?
Mamie Ahuja: One or two.
KARL: Since when and how have you known KM Nanavati?
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Mamie Ahuja: I have known KM Nanavati for quite some time.


We have a friend Avneet who had arranged our party meeting.
KARL: Do you know Sylvia?
Mamie Ahuja: Yes.
KARL: How was the friendship between Prem Ahuja and Sylvia?
Mamie Ahuja: It was simple.
KARL: Did you know about their extramarital affair?
Mamie Ahuja: No, no.
KARL: Where were you on April 27, 1959?
Mamie Ahuja: I was at home.
KARL: You were at home when the commander came to your
house and what were you doing then?
Mamie Ahuja: I was there watching TV.
KARL: What happened to you when KM Nanavati came home?
Mamie Ahuja: No, nothing happened.
KARL: Did he get angry?
Mamie Ahuja: Yes, he was a little angry.
KARL: Where were you when your brother was killed?
Mamie Ahuja: No, I was in the hall at that time.
KARL: So what did you see then?
Mamie Ahuja: When there was a sound of three bullets, I went to
the room and saw that my brother Prem Ahuja was lying there in
a semi-conscious state near the bathroom, three bullets were
fired.
KARL: It is a well-planned conspiracy, Your Honor. There was a
fight and a fight between my victim KM Nanavati and Prem
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Ahuja. KM Nanavati fired for his self-defense, Your Honour,


here is the report in which everything was scattered in the room.
RAM JETHMALANI: Objection my lord Nanavati and Prem
Ahuja there was no fight because Prem Ahuja was not even given
a chance to handle then he was in bathroom when he was
murdered he was called from bathroom and towel wrapped
around his body There are some photographs that I would like to
show you. Only a towel was tied on the body of Prem Ahuja, it is
visible that neither there was any scuffle nor any quarrel, it is a
well-planned conspiracy and the forensic report and medical
report are telling that there was no scuffle. Now I would like
permission to call the doctor in the dock to submit the medical
report to the doctor.
JUDGE: Allowed.
Doctor: I swear by keeping my hand on Geeta, whatever I say, I
will tell the truth, I will say nothing but the truth.
RAM JETHMALANI: Doctor tell the court how Prem Ahuja
died?
Doctor: According to the medical report, he died due to three
bullet injuries. According to this, the bullet was fired from a
distance of 6 to 7 feet.
RAM JETHMALANI: Point to be noted Judge sir, doctor told
that Prem Ahuja died due to bullet injury. The bullets were fired
from a distance of 6 to 7 feet. I am presenting the medical report
in front of you, it clearly shows that Prem Ahuja died due to
bullet injury, there was no scuffle between Nanavati and Prem
Ahuja, and to present this more correctly, I am going to Sevagad
I would like permission to call in the dock.
JUDGE: Allowed.
RAM JETHMALANI: Do you know Nanavati?
Servant: Yes.
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RAM JETHMALANI: Since when?


Servant: This is two or three times since the time when sir came
to the party at home.
RAM JETHMALANI: What were you doing when he came
home?
Servant: Yes, I was making tea in the kitchen.
RAM JETHMALANI: Did you open the door of the house?
Servant: Yes
RAM JETHMALANI: What were you doing when he went to
Prem Ahuja's room?
Servant: Yes, I was in the kitchen.
RAM JETHMALANI: What did you see when you went to Prem
Ahuja's room?
Servant: I saw that all the stuff was lying here and there.
RAM JETHMALANI: So Prem Ahuja's dead body was lying
near the bathroom?
Servant: Yes.
RAM JETHMALANI: Were there any other marks on Prem
Ahuja's dead body?
Servant: No, no.
RAM JETHMALANI: It happened my lord that there were no
other marks on his body, was there a towel tied when he was lying
on the ground?
Servant: Yes.
RAM JETHMALANI: Did you have a good look?
Servant: Yes, I had seen it well.
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RAM JETHMALANI: Point to be noted my lord it is proved that


Tolia was well tied. It is clear from his statement that Nanavati
had come thinking that he has to kill Prem Ahuja if there was any
scuffle between them. His towel note would have been open and
he would have been found naked away from the bathroom and
neither would he have a towel.
That's all my lord.
KARL: In objection my lord judge, I would like to ask some
questions on behalf of my client.
JUDGE: Allowed.
KARL: Did you register the gun and bullets when he came to
you?
Witness: Yes, I did.
KARL: Judge sir, this is the report which includes that there are
6 bullets and a revolver register in this report, then judge sir, it is
proved by his fact that his rake is proof that if he wanted He
could have carried gun and bullets without making any entry in
the register and without informing anyone, he could have killed
but it was not a well thought out conspiracy my friends are saying
that it is just a middle ground it is not a well thought out plan To
prove this further, I would like to ask more questions to the naval
officer.
JUDGE: Allowed.
KARL: You tell me when Nanavati came, was he angry or not?
Witness: He was angry.
KARL: So you would call it anger or a mistake that made you
think Nanavati was angry.
Witness: It was felt by his behavior.
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KARL: Your Honour is lying that there is nothing like that, he


was just normal, at that time he had only come to take gun and
bullets.
RAM JETHMALANI: Objection your honor, as my friend said
that Nanavati had no intention to kill, it is a lie. Why did he think
of taking the revolver with him to Prem Ahuja's house that day?
That's all your honour.
KARL: Prem Ahuja was an angry person, he used to take out his
gun on small things and used to say a lot of nonsense. To prove
this point, I would like to call the cafe waiter Rahul in the dock.
Waiter: I swear by placing my hand on the Geeta that whatever I
say, I will tell the truth, I will say nothing but the truth.
KARL: So Rahul, you tell the court that on April 14, when
Nanavati's wife, Prem Ahuja and her sister were with him in your
cafe, then whatever quarrel or conversation you had with Prem
Ahuja, tell the court.
Waiter: Judge sir, when all these people were sitting in the cafe,
they had ordered juice from me, by mistake the juice fell on Prem
Ahuja's shoes, then he got angry and pointed the revolver at my
head, then Nanavati sahib beat him like that. Explained after that
I left from there.
KARL: So Judge, this proves that Prem Ahuja was a very angry
person and this was not a well-planned conspiracy by Nanavati
and Prem Ahuja apologized for his act and also apologized to the
hotel through a letter in which It was written that yes I was
angry, I took out the revolver.
RAM JETHMALANI: Objection Judge, the way he has shown
this apology is false and all these things that Rahul has told are
also false, this thing has been told only to mislead the court.
That's all your honour.
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KARL: Your Honour, all this is not false, when Ahuja's own
signature is on the apology letter, then how can it be false?
RAM JETHMALANI: As we heard that Nanavati was a calm
person and he did not get angry easily, so to prove this point, I
would like to call Nanavati in the dock and ask some questions to
the Navy mate.
JUDGE: Allowed.
Witness: I swear by taking God as a witness, I will tell the truth
whatever I say, I will say nothing but the truth.
KARL: Your name?
Witness: Vaishali
KARL: So you know Nanavati.
Witness: Yes very well
KARL: Tell us about the nature of Nanavati.
Witness: Nanavati is a very nice person, he has a very calm
nature and Nanavati lives with his companions and Nanavati
cannot hear anything wrong about his friends.
RAM JETHMALANI: Objection, Your Honour, the questions
that my colleague asked, all those questions have nothing to do
with this case, they are just trying to mislead the court.
KARL: Objection Judge sir, if my capable friends are telling this,
if they cannot prove this fact, then I will take off my black coat
and throw it away if it is not related to this matter.
RAM JETHMALANI: Shouting doesn't do anything, Mr. lawyer,
the court asks for proof, if you have proof, then present it.
Shouting will not make a lie true.
KARL: I want to ask something about Your Honour Prem Ahuja
and would like to call the journalist in the dock. do you have
permission?
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JUDGE: Allowed.
REPORTER: I will tell the truth, taking God as evidence, I will
say nothing but the truth.
KARL: Do you know Prem Ahuja?
REPORTER: Yes.
KARL: Was the news published by you in the newspaper you
published?
REPORTER: Yes.
KARL: Gives the document to the judge.
Why did you write about the character of Prem Ahuja in your
newspaper? Why raise questions?
REPORTER: He was a rich person and his hobby was to come
and go to parties and to trap girls in his love trap and to roam
around girls and also used to consume liquor, it clearly shows that
he was a debauchery.
KARL: Judge, it is clearly evident from the words of the
journalist that Prem Ahuja was a debauched person and it was a
hobby of him to trap girls and make them go around. Judge, it
clearly shows that Prem Ahuja was not a good person.
RAM JETHMALANI: Objection my lord this journalist is
making false stories judge sahib walking with girls or taking them
to parties it doesn't show that he was characterless today I will
tell you where the society has reached They do drama to make
NEWSPAPER famous and put such false cases and false names
on an honest person and call them characterless and I would like
to say that Prem Ahuja was a good person, this is just a well
thought out conspiracy to defame him It was not his nature to
roam around alone. He used to go out for a walk with everyone, it
does not mean that he was characterless and all this proves that if
a person is characterless, then why is he punished so much that he
should be killed.
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That’s all your honour.


I would just like to say that this is their well-planned conspiracy,
just these people are trying to get Nanavati released.
KARL: Honorable Judge, would the advocate seek permission to
call my client Nanavati's wife Sylvia in the dock to prove this
point?
JUDGE: Allowed.
KARL: Sylvia ji, how long have you known Nanavati?
Sylvia: For 10 years.
KARL: Tell the court about your husband's character.
Sylvia: My husband is very calm. He loves me and the children
very much.
And he also loves his friends very much.
KARL: What happened between you and Nanavati when he
returned from office?
Sylvia: When Nanavati returned from office, I told him about my
relationship with Prem Ahuja.
KARL: How did he react upon hearing this?
Sylvia: He didn't react after hearing this, he just told me and the
kids to get ready that he would go to the cinema to watch the
movie and said that he would bring us back at 6:00.
RAM JETHMALANI: Your Honour, I would like permission to
question Nanavati's wife.
JUDGE: Allowed.
RAM JETHMALANI: Do you know Prem Ahuja?
Sylvia: Yes
RAM JETHMALANI: When and how?
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Sylvia: This is what Nanavati's friend introduced us to some time


back.
RAM JETHMALANI: How was your relationship with Prem
Ahuja?
Sylvia: We were good friends.
RAM JETHMALANI: Yes, I want to know about the relationship
between you and Prem Ahuja.
KARL: Objection me Lord I have already informed about these
relations and don't ask again and again about these relations and
the lawyer is still condemning my client for these same questions.
RAM JETHMALANI: Your Honour, I want to hear about this
relationship from the mouth of Sylvia ji. Yes Sylvia, please tell the
court about your relationship with Prem Ahuja.
Sylvia: My husband used to stay away for months and I used to
stay alone and to overcome my loneliness Prem Ahuja used to
take me to parties and in the meanwhile our closeness started
increasing and I started loving him.
RAM JETHMALANI: Did you want to marry her?
Sylvia: Yes. But he did not want to and I also came to know about
his many immoral relations.
RAM JETHMALANI: Did your husband know about this?
Sylvia: No.
RAM JETHMALANI: Sylvia ji tell in detail what happened on
27th April?
Sylvia: When Nanavati returned home, I told about my
relationship with Prem Ahuja, did not reject anything for some
time and then he asked me to get the kids ready, also said that he
would bring us back from there at 6:00. Will bring and went to
buy tickets!
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RAM JETHMALANI: Point to be noted Judge, when a person


loves his wife and children so much and does not doubt his friend,
then why would he not get angry after hearing such things, Sylvia
ji is lying and has presented a false witness. So that Nanavati can
be saved.
KARL: Your Honour, if he got angry, he would not have taken
his wife to watch a movie and could have killed his wife in anger,
but he did not do so and directly proposed marriage to Prem
Ahuja.
Your Honour, I want to call my last client i.e. Nanavati in the
dock.
JUDGE: Allowed.
RAM JETHMALANI: I would like to be allowed to ask questions
to Nanavati as a lawyer for the prosecution.
RAM JETHMALANI: Yes, Nanavati ji, how did you know Prem
Ahuja?
Nanavati: A few months ago my friend Anil introduced us to
Prem Ahuja.
RAM JETHMALANI: How was your friendship with Prem
Ahuja?
Nanavati: Our friendship was very good.
RAM JETHMALANI: Did you know about the relationship
between your wife and Prem Ahuja?
Nanavati: Didn't know earlier when I came back home my wife
was not at home after some time when she came….
RAM JETHMALANI: I am asking you about the relationship
between your wife and Prem Ahuja.
Nanavati: I love my wife very much.
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RAM JETHMALANI: What was your reaction when you came to


know about your wife's affair?
Nanavati: I was angry. I overcame my anger.
RAM JETHMALANI: Point to be noted my lord, he had got
angry. what did you do then?
Nanavati: I went to the cinema to get the tickets.
RAM JETHMALANI: You didn't even go to the cinema, your
aim was to kill Prem Ahuja.
Nanavati: We went to the cinema.
RAM JETHMALANI: When you went to the cinema, what was
the time of your cinema?
Nanavati: From 3:00 to 6:00.
RAM JETHMALANI: Which movie did you go there to watch?
Nanavati: TOM THUMB
RAM JETHMALANI: If you did not intend to kill then why did
you carry the revolver?
Nanavati: For self-defense.
RAM JETHMALANI: Why did you think of causing the murder
of Prem Ahuja when you were making false statements to get
your civilian revolver?
KARL: Objection me lord has already proved that he had taken
this revolver for his self defense so why this question is being
repeated again and again and what do you want to prove.
RAM JETHMALANI: If a person can mortgage his country for
killing a person then why can't this murder it's a premeditated
murder Milord.
KARL: Objection my lord, it was not a premeditated conspiracy
to kill, if he had to kill, he could have taken a revolver without
making an entry in the register and could have called and killed
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anywhere, and what was the need to go to his house and Could
have committed the murder and hid anywhere but accepted his
crime. This is not a premeditated murder, it is just a sudden
provocation.
RAM JETHMALANI: This could have calmed down his anger
but it did not happen and he could have talked to his wife but he
did not and got angry and committed the murder.
That's all your honour.
KARL: Honorable Judge, I would like to remind my able lawyer
again that Nanavati, who is a very moral and calm person, and
this has been proved by his wife Sylvia in the court and who is my
client, He did not get angry that his wife was having an affair with
Prem Ahuja and after talking to Prem Ahuja he came to know
that he cannot marry Sylvia with whom he sleeps and then he got
angry and that in itself was very disturbing. is clear
JUDGE: Allowed.
Ram Jethamalani: objection my lord
If he said that he got angry because on talking to Prem Ahuja he
said such words that I should marry the girl with whom I sleep.
While my lord I want to remind them that only two people were
present in that room. Nanavati and others were Prem Ahuja who
has been murdered, there was no other person evidence from
which it can be seen that Prem Ahuja may have uttered these
abusive words, it is just a well-planned conspiracy by him only to
save KM Nanavati and To mislead the court.
That's all your honour.
KARL: Judge Sahab Prem Ahuja was a promiscuous person, to
prove which I would like to tell you a sentence, Judge Sahab, if
Prem Ahuja was a true person, would he have refused to marry
Sylvia when he had a love affair with Sylvia? When established, it
was his duty as a human being, it was his duty to marry Sylvia
and plan for the future of Sylvia for their children.
19

This only proves that he only used to make love relations with
women and leave them and had no intention of marrying them,
this only proves that he was a debauchery and a lowly type of
person, he does not know how to respect women at all. Was
That's all your honour.
RAM JETHMALANI: Judge Nanavati said that he fired for self-
defense, no such incident happened before that, if there was a
scuffle, the marks would have been read on the dead body,
whereas there were marks of three bullets which were presented
before you in the medical report and post mortem report. has
gone
Mr. Nanavati suddenly became a serious user after listening to his
wife and Prem Prem Ahuja and because this thing can be wrong.
Because he had heard this thing from his wife Sylvia in the past
and 3 hours had passed in which his anger could have calmed
down whereas it did not happen, it is clear that this is a peaceful
murder and not for murder. Exception is why I request the
Honorable Judge to punish them harshly for the murder.
KARL: Your Honour, my able friend told that if he did not get
angry, then murder can also be done in anger, law can also be
taken in hand, but when all anger is an emotion, it cannot be
measured by any letter and it is only It depends on the person and
how much he gets angry under which statement and as my ex-
partner told and his wife told that Nanavati had a lot of affection
for the poor, he doesn't get angry easily but his There was a
question about the future of wife and children and Calcutta
women society yesterday, they told that will I marry every woman
with whom I have slept, then they got angry and after hearing this
from Nanavati, fired in anger. This thing was slandered and he
also surrendered.
RAM JETHMALANI: Your Honour, I would like to argue this
point on behalf of the prosecution, the way he said that no matter
how angry a person is, he cannot kill anyone, if he starts killing,
20

then such evils are there in the society. If it starts happening


everyday, then my only hope is that you Nanavati should be given
the harshest punishment.
KARL: Your Honour, it has been decided in the past that my
client does not take his wife and children to watch movies and
does not even make entry in the register and could have called
Prem Ahuja out on some pretext by calling him to a secluded
place. Judge could have committed the murder, this murder was
not done knowingly, this incident happened only because of
sudden revelations, so I request Major to acquit them with honor
under the exception of Section 300 of the Indian Penal Code.
RAM JETHMALANI: Objection my lord if it is saying that it is
grave and sudden provocation my lord I would like to tell you
that if it was grave and sudden provocation then Nanavati would
have killed his wife or divorced her at the same time when she
told That his wife and Prem Ahuja have immoral relations but
Nanavati did not do any such thing neither divorced her nor
made her angry and he hatched a conspiracy and killed Prem
Ahuja, it shows that his I request you that Nanavati should get the
harshest punishment for murder under section 302 of the Indian
Penal Code.
That's all your honour.
KARL: Your Honour, this was not a premeditated conspiracy, I
have told you this time and again and I have told this to the whole
court, the reason for this was that a person who cannot get angry
on his near and dear ones, if he gets angry at the same time. The
matter does not end there because it is a loss with the future of
him and his children, so instead of getting angry with his wife, he
proposed his wife's marriage to his friend Prem Ahuja, there was
an argument between the two. And then there was a scuffle and
then after that they fired and it was not a conspiracy it was just a
provocation.
JUDGE: Maintain the dignity of the court.
21

RAM JETHMALANI: Objection my lord as he told that it was


not a well thought out plan, if it was not a well thought out plan
then Nanavati would not have asked his servant to go to his
bedroom and go to the bedroom and see him in the towel in the
bathroom. He fired three bullets and he was killed.
KARL: Your Honour, whose house you go to, you will ask him
where he is. He did the same and asked the servant where Prem
Ahuja was and he told that he would go from there. Neither there
was any murder, nor any conspiracy, nor did he jump inside from
his window and kill him, Your Honour, this has happened only
because of provocation.
RAM JETHMALANI: Judge sir as he told that he fired 3 bullets
but if there was no conspiracy to kill then why did he fire three
bullets he should be punished under Indian Penal Code for
conspiracy to murder.
KARL: Judge, in section 18, not only Nanavati is taught to every
soldier. There is an act of firing 3 bullets in it that when the
enemy is in front, it is not necessary that he dies in 1 bullet, that's
why they are taught to fire 3 bullets. It is clearly written that 3
bullets have to be fired inside the Navy Act. Because of this, the
practice he had, he had a job for so many years. Because of that
they opened fire.
RAM JETHMALANI: Judge Sahab could have accepted if he
had been killed by firing a bullet. That it was run due to
provocation. In which it is clearly written in the medical report
that after firing 3 bullets hand-to-hand (1, 2, 3) on his heart, he
suddenly fired bullets in 3 seconds. And whom he got murdered.
KARL: Objection my lord, I have proved this point earlier as
well. He said one objectionable thing should I marry every
woman I have slept with.
22

RAM JETHMALANI: Objection My Lord, he has not produced


any such evidence and has not produced any such section to prove
it.

KARL: Prema Ahuja has said such abusive words which


Nanavati heard and on hearing that she got angry and there was
a scuffle between them.
RAM JETHMALANI: Prove that Prem Ahuja used such abusive
words and you have any concrete evidence for this.
KARL: Your Honour, I am saying this thing again and again that
if Prem Ahuja had not wanted to marry Sylvia then he must have
said such abusive words.
Because he was a man of promiscuous nature and used to trap
girls in his love trap and it was his hobby to roam around girls.
That's why he must have said these words. This clearly proves
that he was a promiscuous type of person and he could have
denied Sylvia that if you are a chaste woman, then I cannot have a
relationship with you.
RAM JETHMALANI: If you are speaking like this to Prem
Ahuja, then Sylvia could have also said that I am a married
woman and I have a husband and children, so I cannot have this
relationship. But Sylvia kept this relationship even after all this,
so it proves that Prem Ahuja was not a debauchery type of
person.
That's why, sir, I request that Nanavati be punished.
KARL: Your Honour, I want to ask my able friend that why
Prem Ahuja refused to marry.
RAM JETHMALANI: Because Sylvia was already married.
KARL: No, Your Honour Prem Ahuja was a debauched person.
That is why he did not marry.
23

JUDGE: Do you want to decide yourself, it is the job of the court,


don't take a decision by yourself, your job is to present the
evidence before the court and tell the truth, you cannot take any
decision by yourself.
KARL: Your Honour, I have presented all the evidence. Whether
the verdict is in favor of Prem Ahuja or Nanavati, but the society
should know the whole truth. And it should be known to every
person who does not respect women and I want to present this
with all the evidence that Nanavati should be requested to be
acquitted of dishonour.
That's all your honour.
RAM JETHMALANI: As he said, I would also like to say that
whether the verdict is in favor of Nanavati or Prem Ahuja, but
Prem Ahuja was an innocent human being.
That's all your honour.
JUDGE: Keeping in view all the witnesses and evidence, our jury
members will give this decision after 10 minutes.
Jury: 8 members "not guilty" 1 member "guilty".
The jury returned a verdict of not guilty under both sections by
an 8:1 ratio.
JUDGE: I do not agree with the jury's verdict, because in my
opinion the majority verdict of the jury was such that no human
being could have come to such a verdict taking into account the
evidence.
The court rules that the murder was premeditated and Nanavati
is sentenced to life imprisonment for culpable homicide not
amounting to murder.

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