Enter government pleader YV Chandrachud who was all set to prove that the jury had been misdirected and non-directed by the judge and hence its verdict was not valid.
Some vital points:

a. Nanavati had adopted the position that there was a scuffle and the shots went off accidentally. If so the burden of proving that it was an accident was on Nanavati's shoulders. The judge should have told the jury that the onus lay on Nanavati. This was not done.

b. The jury was not told whether Nanavati's action was provoked by Sylvia's confession at 1.00 pm or whatever happened in Ahuja's bedroom or both were grave provocations for Nanavati.

YV Chandrachud also said that judge was wrong in telling the jury that the provocation could be provided by a third person.

c. The jury was not explained the meaning of beyond reasonable doubt.

YV Chandrachud's arguments hit home and the jury's verdict was dismissed. Significantly, because the jury had been influenced heavily and was open to misdirection, jury trials in India were abolished after this case.

Round one was won by the prosecution. Now the evidence had to be analysed afresh. The defence put forth the following setting before the court.

On April 27, around noon Sylvia confesses her love for Prem Ahuja after Commander Nanavati's finding her aloof and distant questions her.

Nanavati is enraged. He tells that he wants to shoot himself but is calmed down by his wife who tells him that why should he shoot himself.

He is the innocent one in this. Nanavati after dropping his family at the theatre as preplanned, goes to meet Ahuja. Ahuja is in his room only in a towel.

Nanavati enters and flings at Prem: "You filthy swine" and then proceeds to ask: "Will you marry Sylvia and look after the children."

Prem: "Will I marry every woman I sleep with."
Nanavati: "By God, I am going to thrash you for this." Prem lunges for the brown packet. Nanavati sees him and in self defence lunges too.

A scuffle ensues. Prem bends on Nanavati's hand. The gun goes off and to Nanavati's surprise Prem slumps on his hand.Now it was the turn of the prosecution.

And YV Chandrachud ably beefed up by support by Ram jethmalani holding a watching brief in the case was ready for the counter the defence story.