Code of Criminal Procedure (Act, 5 of 1898), 88. 307, 410, 417, 418 (1), 423(2), 297, 155 (1), 162 of Indian Penal Code, 1860 (Act 45 of 1860), 88. 302, 300, Exception I- Indian Evidence Act, 1872 (1 of 1872), 8. 105
1962 AIR 605, 1962 SCR Supl. (1) 567
The accused, Nanavati, at the time of the claimed murder, was second in command of the Indian Naval Ship “Mysore”. Sylvia, on April 27, 1959, admitted to Nanavati regarding her illegitimate intimacy with Ahuja. This action of Ahuja made Nanavati’s hackles rise and moved to his ship, gathered a semi-automatic revolver and six cartridges on a false pretext, from the stores of the ship, after loading went to the flat of Ahuja moved towards his bed-room and shot him dead. Afterwards, the accused i.e. Nanavati surrendered himself to the police. Initially he was held under arrest and with the passage of time he was addressed to the Sessions for facing a charge under s. 302 of the Indian Penal code. As she did not clearly indicate whether Ahuja would marry her and look after the children,he made a mind to settle this matter with him. Sylvia was in fear that he might shoot him, so pleaded infront of him not to go to Ahuja’s house. After the shooting the accused drove his car to the police station leading to his surrender.
1. Whether “Special Leave Petition” (SLP) can be taken into consideration without discharging the order under Art 142?
2. Whether the pardoning power of SLP and governor can be moved side by side or together.
It was held by the court that the act of the accused is crystal clear to prove a deliberate murder. Not only this it was also a premeditated one and the facts of the case from nowhere attract the provisions of Exceptions 1 of Sec 300 of IPC the reason being, accused also failed to bring the case under General Exception of IPC by citing evidence. It was finally declared that the accused is convicted under section 302 of IPC and sentenced him of imprisonment for life.
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