took place between accused Omkar and accused appellant Jagvir Singh on the one side and Sanju on the other. Once accused Omkar and accused appellant Jagvir Singh had moved on from the place where the first part of the incident took place, Sanju had no reason, whatsoever, to climb up the roof of Ram Naresh’s house because he was not facing any threat thereafter. Thus, the entire prosecution case is shrouded under a cloud of doubt. 32. A three judge Bench of this Court in the case of Selveraj v. State of Tamil Nadu1 set aside the concurrent findings of guilt recorded by the trial Court and the High Court, wherein on an appreciation of evidence the prosecution story was found highly improbable and inconsistent of ordinary course of human nature. The relevant extract of which is reproduced hereinbelow: - “4. The conviction of the appellant rests on the oral testimony of Natesan and Manisekaran who claimed to be eyewitnesses to the murder of the deceased. Both the learned Additional