SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

Mooth Court Presentation 2020-2021

MOOT COURT- IV

IN THE HONORABLE SUPREME COURT

Shri Shivaji Maratha Society’s Law College,

Pune 425, Shukrawar Peth,
Pune-411002.

Student Details :

 Name : Miss Pratiksha Balasaheb Dhiwar

 Year : Third Year LLB
 Roll No 58
 Date of Submission : ……/06/2021
 Place : Pune

Appearing on behalf of the Petitioner

Written Submission on behalf of the Petitioner,

 SAVITRIBAI PHULE PUNE UNIVERSITY,PUNE.
SHRI SHIVAJI MARATHA SOCIETY’S LAW COLLEGE,
PUNE-411002.

IN THE HONORABLE SUPREME COURT CIVIL

APPEAL JURISDICTION
IN THE MATTER OF

K.M.NANAVATI ….PETITIONER

VERSUS

STATE OF MAHARASHTRA …RESPONDENT

Appeal under Art.136

COI Of the Honorable Supreme Court.
 TABLE OF CONTENTS

Sr.No Particulars Page Numbers

1. Vakalatnama

2. List of Abbreviations

3. List of Sources

4. Statement Of Jurisdiction

5. General Introduction

6. Statement of Relevant Facts

7. Fact in Issue

8. Summary Argument

9. Detailed Argument

10. Prayer
 VAKALATNAMA
IN THE HONORABLE SUPREME COURT
CRIMINAL/CIVIL/APPELATE/ORIGINAL JURISDICTION

Between

K.M.NANAVATI ….PETITIONER

VERSUS

STATE OF MAHARASHTRA …RESPONDENT

KNOW ALL to whom these present shall come that I/We Respond the above named do hereby
appoint: ADV.PRATIKSHA B.DHIWAR

(Herein after called the advocate/s) to be my/our Advocate in the above noted case authorise
him:-

1. To act, appear and plead in the above-noted case in this Court or in any other Court in which
the same may be tried or heard and also in the appellate Court including High Court subject to
payment of fees separately for each Court by me/us.

2. To sign, file, verify and present pleadings, appeals, cross-objections or petitions for executions
review revision, withdrawal, compromise or other petitions or affidavits or other documents as
may be deemed necessary or proper for the prosecution of the said case in all its stages subject to
payment of fees for each stage.

3. To file and take back documents, to admit and/or deny the documents of opposite party.

4. To withdraw or compromise the said case or submit to arbitration any differences or disputes
that may arise touching or in any manner relating to the said case.

5. To take execution proceedings.

6. To deposit, draw and receive monthly cheques, cash and grant receipts thereof and to do all
other acts and things which may be necessary to be done for the progress and in the course of the
prosecution of the said case.

7. To appoint and instruct any other Legal Practitioner authorising him to exercise the power and
authority hereby conferred upon the Advocate whenever he may think fit to do so and to sign the
power of attorney on our behalf.
8. And I/We the undersigned do hereby agree to rectify and confirm all acts done by the
Advocate or his substitute in the matter as my/our own acts, as if done by me/us to all intents and
proposes.

9. And I/We undertake that I/We or my/our duly authorised agent would appear in Court on all
hearings and will inform the Advocate for appearance when the case is called.

10. And I/We the undersigned do hereby agree not to hold the advocate or his substitute
responsible for the result of the said case.

11. The adjournment costs whenever ordered by the Court shall be of the Advocate which he
shall receive and retain for himself.

12. And I/We the undersigned to hereby agree that in the event of the whole or part of the fee
agreed by me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw
from the prosecution of the said case until the same is paid up. The fee settled is only for the
above case and above Court. I//we hereby agree that once fee is paid, I/We will not be entitled
for the refund of the same in any case whatsoever and if the case prolongs for more than 3 years
the original fee shall be paid again by me/us.

IN WITNESS WHEREOF I/We do hereunto set my/our hand to these presents the contents of
which have been understood by me/us on this _______day of _____200__
Accepted, and identified the client.

_______ADVOCATE _________ ADVOCATE _________ CLIENT

Advocate: PRATIKSHA BALASAHEB DHIWAR

Address: B- 3, Sharda Apartments, Shalimar Chowk, Daund, Pune - 413801

Mobile-No: ___________ E-Mail : ____________

 LIST OF ABBREVIATIONS

ABBREVIAT FULL FORM

IONS

& And.

Sec. Section.

U/S. Under section.

V/S Verses.

SC. Supreme Court.

SCC. Supreme Court Cases.

Hon’ble Honorable.

UOI Union of India.

Ors. Others.

Anr. Another.

AIR. All India Reporter

LIST OF SOURCES
  STATUES INCORPORATED

1. Constitution of Indiyana
2. Indiyana Penal Code

 BOOKS & COMMENTARIES

1. M. P Jain, Indiyana Constitutional law, 8th edition

2. V N Shukla, Constitution of Indiyana, 12th edition
3. M.Laxmikant
4. H.M Servia

 WEBSITES :

1. www.scc.in
2. www.lexisnexis.in
3. www.supremecourtofindia.nic.in
4. www.juris.nic.in
5. www.westlaw.com
6. https://edugeneral.org
7. www.sci.gov.in

 CASE LAWS

 Mohd. Maqbool v State of J&K (1972) 1 SCC 536

 Puranlal Lakhanpal v. President of India , AIR 1961 SC 1519

STATEMENT OF JURISDICTION
The Appellant has filed This Appeal under Art. 136 of the

Constitution .Article 136 (Deals with Special leave to appeal by

supreme court)

ART.136

(1) Notwithstanding anything in this Chapter, the Supreme Court may,

in its discretion, grant special leave to appeal from any judgment,
decree, determination, sentence or order in any cause or matter passed
or made by any court or tribunal in the territory of India

(2) Nothing in clause ( 1 ) shall apply to any judgment, determination,

sentence or order passed or made by any court or tribunal constituted by
or under any law relating to the Armed Forces
 STATEMENT OF FACTS

1. Accused Nonarati was a Indian Nary. a navy officer in.He married Sylvid,

his wife in 1949 and has three children because of his service the couple

after marriage has shift to different places finally they shifted to Bombay

2. Kawas Manekshaw Nanavati , a commander in the Indian Navy was charged

for murder of deceased Prem Ahuja under section 302 and 304, part 1 of

IPC. When the appellant was away for his work, his wife, Sylvia, nurtured

an illicit relationship with Mr. Ahuja, a friend of Nanavati.

3. On 27th April 1959 , Nanavati returned from one of his long voyages. When

he came home, his wife seemed to be behaving strangely and was not

responsive or affectionate to him. Sensing something, he asked, to which

Sylvia confessed about her affair with Ahuja.

4. That evening, Nanavati dropped Sylvia (wife) and their two children at a

cinema hall and went to confront Ahuja. He first went to his ship, collected

his pistol on a false pretext from the stores along with six bullets, completed

his official duties and continued for Prem Ahuja’s office. On not finding him

there, he made his way to Ahuja’s home where he found Ahuja.

5. There was a verbal confrontation between the two men. After the

confrontation, there was an altercation after which three shots were fired and

Prem Ahuja dropped dead. Nanavati headed straight to confess to the

Provost Marshal of the Western Naval Command and later turned himself

over to the Deputy Commissioner of Police.

6. The jury found him not guilty of murder which did not find favour with the

Sessions Judge and he referred the case to Bombay High Court. The

Bombay High Court dismissed the Jury’s decision and convicted Nanavati

under section 302 and 304 Part 1 of IPC.

 STATEMENT OF ISSUES.

ISSUE 1:

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

ISSUE 2:

Whether the Act or murder was committed in grave & sudden Provocation
 SUMMARY ARGUMENT

ISSUE 1:

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

He also carried with him the envelope containing the revolver & he drove
his car to Ahuja’s office, and not finding him there, he drove to Ahuja’s flat
which was opened by a servant, walked to Ahuja’s bed-room, went into the
bed-room and shut the door behind him.
A struggle ensued between the two and during that struggle two shots went
off accidentally and hit Ahuja resulting in his death. After the shooting the
accused went back to his car and drove it to the police station where he
surrendered himself.
Hence the accused shot at the deceased under grave and sudden provocation.

ISSUE 2:

Whether the Act or murder was committed in grave & sudden

Provocation

1. Appellant Nanavati goes to Ahuja house goes bedroom ask question to

Ahuia whether he would marry sylria and look after his children.

2. To this Anuja replies saying. "Am I to marry every women I sleep with?
the accused Appellant got engaged from this answer of his and placed the
envelope containing the revolver on a cabinet nearby and threatened to
thrash the deceased, the deceased made a sudden more to grasp the
envelope
 ARGUMENTS ADVANCED

ISSUE 1:

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

1. The contention put forth by the appellant was that after hearing Sylvia’s
confession, Appellant wanted to kill himself, but Sylvia managed to calm
him down.

2. Sylvia did not tell him whether Ahuja wanted to marry her or not, he
intended to find it out himself. So, he dropped his wife and two children at
the cinema hall and drove his car to his ship, as he wanted to get medicine
for his sick dog.

3. He represented to the authorities in the ship, that he wanted to draw a

revolver and six rounds from the stores of the ship as he was going to drive
alone to Ahmednagar by night, though the real purpose was to shoot
himself.

4. On receiving the revolver and six cartridges, and put it inside a brown
envelope. Then he drove his car to Ahuja’s office, and not finding him there,
he drove to Ahuja’s flat which was opened by a servant, walked to Ahuja’s
bed-room, went into the bed-room and shut the door behind him.

5. He also carried with him the envelope containing the revolver. The accused
saw the deceased inside the bed-room, called him a filthy swine and asked
 him whether he would marry Sylvia and look after the children.

6. The deceased retorted, “Am I to marry every woman I sleep with?” The
accused became enraged, put the envelope containing the revolver on a
cabinet nearby, and threatened to thrash the deceased. The deceased made a
sudden move to grasp at the envelope, when the accused whipped out his
revolver and told him to get back.

7. A struggle ensued between the two and during that struggle two shots went
off accidentally and hit Ahuja resulting in his death. After the shooting the
accused went back to his car and drove it to the police station where he
surrendered himself.

8. Hence the accused shot at the deceased under grave and sudden provocation,
and therefore even if he had committed an offence, it would not be murder
but only culpable homicide not amounting to murder.
ISSUE 2:

Whether the Act or murder was committed in grave & sudden

Provocation

3. The Act committed done in grave and sudden provocation.

4. Act committed grove and sudden provocation because Appellant

Nanavati goes to Ahuja house goes bedroom ask question to Ahuia
whether he would marry sylria and look after his children.

5. To this Anuja replies saying. "Am I to marry every women I sleep with?
the accused Appellant got engaged from this answer of his and placed the
envelope containing the revolver on a cabinet nearby and threatened to
thrash the deceased,

6. the deceased made a sudden more to grasp the envelope, when Appellant
whipped out his revolver from the envelope and told Ahuja to back off.

7. A Struggle went off between the two and in the course of the struggle
two shots went accidentally and hit Ahuja which resulted in his death and
then after surrendered to the police.
 PRAYER

Therefore in light of the issue raised, arguments advanced and authorities

cited, it is humbly prayed that the honorable court may be pleased to:

1. kindly allow the Appeal.

2. Dismiss the charges of 302 of Indian Penal code.

3.Any other order in the interest of justice may kindly be passed

Respectfully Submitted
Sd_________________
Counsel