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Vijaya Sharma
That Nanavati shot dead Prem
Ahuja was never in doubt. But did the gun go off accidentally or
was it a premeditated murder. In legal terms was it culpable homicide
not amounting to murder or murder. The defence and the prosecution
locked horns over this one point. It was also the pivot on which
Nanavati's fate depended.
Legal explanation:
1. Culpable Homicide is not murder if the offender is deprived of
the power of self control by grave and sudden provocation, causes
the death of the person who gave the provocation.
2. Culpable Homicide is not murder if it is committed without premeditation
in a sudden fight, in the heat of passion upon a sudden quarrel
and without taking undue advantage or acted in a cruel or unusual
manner.
Explanation to this exception provides that it is immaterial is
such cases which party offers the provocation or commits the first
assault.
Under the Indian penal code,
for murder the sentence is death or life imprisonment. For culpable
homicide the maximum punishment is 10 years.
The case for the defence: Culpable
homicide not amounting to murder.
It had to be proved that the gun went off accidentally in a scuffle.
Prem Ahuja had lunged first and then Nanavati went for the gun in
self defence. Nanavati's intention was not to kill. The provocation
by Prem was definitely grave and sudden: "Will I marry every
woman I sleep with" he threw at Nanavati.. So no life sentence
or death sentence. Maximum sentence: Ten years imprisoment.
The case for the prosecution: That the intention was to murder.
It was a premeditated. There was no accident and no scuffle. Nanavati
had pointblank fired three shots which felled Prem Ahuja. Sentence:
Life imprisonment or death sentence.
But looming large over all
this was the judgement by the jury in the Sessions court. It had
declared Nanavati not guilty 8:1. The verdict was considered perverse
by the Sessions judge RB Mehta who had referred the case to the
high court.
For the case to be re-examined
the prosecution had to prove that the jury had been misdirected
by the judge and hence the verdict must be dismissed, the reference
dismissed and the case examined afresh.
A little harsh for the Sessions
Court judge RB Mehta but says Ram Jethmalani with a watching brief
in the case: The case had to be won.
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