What is a “murder” and “culpable homicide not amounting the murder”- Case no. 7 of 101 historical judgments of India.
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Cases Covered:
KM Nanavati Vs State of Maharastra
Background-
It is a matter of 1959. Just after we got the independence. This case got media coverage and even movies were made on it. A navy officer was posted on a ship called “Mysore”. When he came to visit his family he come to know about the relationship of his wife, Sylvia with a man called Prem Ahuja.
He went to meet Prem Ahuja and asked whether he will merry her and take care of kids. The Ahuja made negative and derogatory comments against his wife. Later he was murdered by Mr. Nanavati.
Initially the case was decided in his favour by jury. But at that time the jury system was abolishing from India.
His trial was forwarded to the high court. The honorable court fund him guilty of murder.
Plea-
The appellant went to the supreme court with an SLP. He pleaded for two things. First is that the High court dont have the right to review the decision of jury. Second that the killing was not a ‘murder’ but ‘culpable homicide not amounting to murder’.
The Judgment-
The court held that the SLP and pardoning power cant work together. If an SLP is filed then power of governor cease to exist. Also the apex court upheld the decision of Bombay high court that it was a murder and not a culpable homicide not amounting to murder.
The court said that due to following reasons it is a murder.
– There was a time gap between sylvia’s confession and murder of Prem Ahuja.
– Before shooting Ahuja , Nanavati abused him which provoked an equally abusive reply but this cant be a provocation for murder.
– Nanavati asked Ahuja whether he would marry sylvia and take care of kids. So, he was thinking about the future of his wife and children It means he was in his senses.
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