A Nepalese man has been cleared of killing an Esher waiter two years ago.

But he admitted being part of the gang who beat him up before he died.

Arjun Gurung, 22, was accused of being one of three men who threw 23-year-old Bishal Gurung, of no relation, into the river near Waterloo Bridge on April 13, 2008.

His death followed a boat party to celebrate the Nepalese new year, but his defence team argued it had been a case of mistaken identity.

A jury at the Old Bailey cleared Arjun Gurung of the charge yesterday following a two-week trial.

The court heard Bishal Gurung, who worked in the Sherpa Kitchen in Esher High Street, had been chased down the Embankment by a group of about 20 men and then beaten up after being wrongly accused of throwing a bottle at and injuring fellow partygoer Kemik Thakali.

The semi-conscious waiter was then pushed into the river by three men, including Thakali.

Bishal Gurung’s body was discovered in the Thames two weeks later.

Algae found in his lungs indicated he was alive when he entered the water and died of drowning.

Thakali, from Legion Court, Morden and Rocky Gurung, from Haig Place, Morden, were convicted in June last year of Bishal Gurung’s manslaughter and during their trial the court was told Arjun, of no fixed address, who the police believed was the other man responsible, had fled to Nepal during the investigation into the death.

He was eventually traced in March this year and charged with manslaughter.

While he admitted violent disorder for being one of the men who beat up Bishal Gurung, he denied taking part in throwing him into the water.

Lee Karu, representing Gurung, told the court his client had been wrongly identified.

He suggested another man present during the beating was responsible as he was a relative of Thakali and wanted revenge for the earlier incident where Thakali had been injured with the bottle.

Arjun Gurung was sentenced to six months in prison for violent disorder, but might not serve any more time in jail as he has already spent 202 days in custody in remand.

Another man, Missan Gurung, from Felixstowe Road, Abbey Wood in south-east London, was involved in the beating of Bishal Gurung and was found guilty of violent disorder last year.