5. We have perused the judgment of the High
Court which clearly records that not only has this
DW-4 deposed as above, but a copy of the relevant
register Exhibit D-C has been produced to show that
this accused was in the office of the Haryana State
Electricity Board at that particular point of time.
It is also to be noted that the allegation against
the respondent is that he had given a blow by a
Gandasa on the left cheek of the deceased. There is
no such injury on the left cheek of the deceased and
it is Injury No.5 which was on the chest of the
deceased because of which the deceased succumbed to
death. This being the position, we do not see any
error in the order passed by the High Court. It is
also material to note that the incident was of
26.11.2002 and the Sessions Court judgment is of
23/27.7.2004 and the High Court judgment is of
18.9.2009. All this time the respondent was in
custody until he was acquitted by the High Court.
We do not see any reason to interfere with the
impugned order passed by the High Court. This appeal
is, therefore, dismissed.
New Delhi; November 12, 2013.