K.M. Nanavati v State of Maharashtra (1962)

BNS · Culpable Homicide & Murder

Facts.

A naval officer, on learning of his wife’s adultery, left, collected his pistol, drove to the lover’s flat, and shot him dead.

Issue.

Did the provocation reduce the murder to culpable homicide under Exception 1?

Held.

No. The interval between the provocation and the killing gave time for the passion to cool and for a plan to form. The provocation was not sudden; it was murder.



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