"The allegation that there was a prelude in the form of a

quarrel between the deceased and the accused is a material omission and in such circumstance, the accused would be entitled to the benefit of doubt," the court said. Accordingly, the judges quashed and set aside the findings recorded by the Sessions Judge and the conviction and sentence awarded to the accused. The prosecution's case was that Ganpat Halpati was residing in Moti Daman along with his sons, Rajesh and Mahesh, and used to park his motorcycle outside the house of Halpati family. Mahesh had objected earlier leading to a quarrel between the appellant and the Halpati family. It is alleged that one month prior to the incident somebody had put sugar in the petrol tank of the motor cycle of the accused and he had to incur heavy expenses to get the motor cycle repaired. The appellant suspected Mahesh to have played the mischief and, therefore, used to demand money from Mahesh to compensate him for the expenditure incurred. He had allegedly threatened to kill Mahesh if he did not give him money. The prosecution alleged that on May 15, 2006, Ganpat had slept inside his house while his sons Rajesh, Mahesh and other family members had slept in the open space outside. When he woke up at 2 AM, he found that Mahesh had sustained a cut injury on his neck and blood was oozing out. Mahesh was taken to hospital where he was declared dead.