K.M.NANAWATI VS.

STATE OF
MAHARASHTRA
AIR 1962 SC 605
 BENCH

• Justice J.Suba Rao

• Justice S.K. Das
• Justice Raghubar Dayal
 PROVISION OF LAW

Indian Penal Code

• Section 80 – Accident in doing a lawful Act
• Section 307 – Attempt to Murder
• Section 302 – Punishment for Murder
• Section 304 – Punishment for Culpable Homicide not amounting to murder.
Indian Evidence Act
• Section 105 – Burden of proving that case of accused comes within the
exceptions.
 FACTS OF THE CASE

• Kevas Manekshaw Nanavati, an Indian Naval Officer shifted to Bombay in

March 1959 with his family and got to meet Prem Bhagwandas Ahuja, a
businessman in Bombay.
• While he was out of Bombay for his duty, Sylvia, his wife, developed an illicit
relationship with Prem Ahuja.
• He was then confronted with the confession of his wife when she opened her
relationship with Ahuja.
• Further, in the heat of his agony, he went to his ship to procure a loaded
revolver and drove himself to Prem Ahuja’s office.
 CONT…

• On not finding him at his workplace, he then drove to his residence.

• After an argument, at his residence, two shots went off accidentally
and hit Ahuja. 
• Nanavatiheaded straight to confess to the Provost Marshal of the
Western Naval Command and later turned himself over to the Deputy
Commissioner of Police.
• The case was referred to Hon’ble High Court under Section 307 of The
Indian Penal Code.
 ISSUE

• The issue of the case was whether Nanavati shot Ahuja in the
“heat of the moment” or whether it was a premeditated murder
which will determine the conviction of Nanavati.
 JUDGMENT

• The court held that the conduct of the accused clearly shows
that the murder was a deliberate and calculated one and the
facts of the case do not attract the provisions of Exceptions 1 of
Sec 300 of IPC as the accused also failed to bring the case
under General Exception of IPC by adducing evidence. In the
result, the conviction of the accused under section 302 of IPC
and sentenced him of imprisonment for life.