Almost eight years after Apple executive Vivek Tiwari, 38, was shot dead during a late-night police patrol in Lucknow, a district and sessions court on Thursday convicted former constable, Prashant Chaudhary, under Section 304 Part II of the Indian Penal Code (IPC) — culpable homicide not amounting to murder, while acquitting co-accused Sandeep Kumar. The court will pronounce the quantum of sentence on Monday (Sept 21).
Definition of Culpable Homicide
Section 304 Part II deals with culpable homicide not amounting to murder where death is caused with the knowledge that the act is likely to cause death, but without an intention to cause death or such bodily injury as is likely to cause death.
Under this section, the maximum prison term is 10 years or fine or both. Chaudhary had already spent around eight years in prison while Sandeep Kumar was on bail.
Pronouncing the judgement, district judge Malkhan Singh convicted Chaudhary under Section 304 (II) of the IPC, while acquitting Kumar.
“The prosecution has failed to prove anything against Sandeep Kumar,” said the judge.
The court’s finding means Chaudhary has been held criminally liable for causing Tiwari’s death, but the offence has not been classified as murder under Section 302.
The verdict marked a significant departure from the original murder charge against Chaudhary. He had been charged under Section 302 of the IPC in the case arising from the shooting of Tiwari during the wee hours of September 30, 2018.
{{/usCountry}}The verdict marked a significant departure from the original murder charge against Chaudhary. He had been charged under Section 302 of the IPC in the case arising from the shooting of Tiwari during the wee hours of September 30, 2018.
{{/usCountry}}Kalpana Tiwari, wife of the deceased, said: “I am not satisfied with the judgement...will challenge the order in the high court. For the last eight years, I have waited for justice, which has not been delivered.”
Since 11am, Kalpana Tiwari and her brother Vishnu Shukla were present in the court of the district judge for the judgement.
“We are not satisfied with the judgement. After the court announces quantum of punishment on Monday (September 21), we will study the order and thereafter approach the high court challenging the order,” said advocate Pranshu Agarwal, one of the lawyers who represented kin of the deceased in court.
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Timeline of events
Vivek Tiwari, an Apple executive and resident of New Hyderabad Colony, was returning home in his SUV after attending a late-night office gathering. His former colleague Sana Siddiqui was travelling with him.
Around 1.30am on September 30, 2018, near the Makdoompur police outpost in Gomti Nagar Extension, motorcycle-borne constables Prashant Chaudhary and Sandeep Kumar signalled the SUV to stop. According to the prosecution case, when the vehicle did not stop immediately, the policemen chased it and Chaudhary opened fire.
The bullet struck Tiwari below his chin and his vehicle subsequently collided with a divider. He was taken to hospital, where he was declared dead. Sana, who was in the vehicle, became a key prosecution witness.
The shooting triggered widespread public outrage and intense scrutiny of police conduct and the use of force. Chaudhary claimed that he had fired in self-defence, but the police charge sheet rejected that explanation and originally charged him with murder.
Both policemen were arrested and faced separate legal proceedings. A special investigation team was constituted to examine the circumstances surrounding the shooting.
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Prosecution and Evidence
The prosecution examined eight witnesses, including Sana, Tiwari’s wife Kalpana, police personnel, doctors who conducted the medical and post-mortem examinations, a city magistrate and the investigating officer. The trial stretched over the years, with the investigating officer’s evidence recorded between February and October 2024. Final arguments were completed this year.
Sandeep’s case had also followed a separate legal trajectory. The police investigation had initially attributed the fatal shooting to Chaudhary and booked Sandeep for causing hurt.
The acquittal of Sandeep Kumar means the court has not found the evidence sufficient to sustain his criminal liability in the case.
For Tiwari’s family, the verdict comes after an eight-year wait. The sentencing of Chaudhary will determine the punishment following his conviction under Section 304 Part II.
The prosecution examined eight witnesses over five years to build its case. Key eyewitness Sana Siddiqui, who was travelling with Vivek Tiwari in the car at the time of incident, deposed on April 4, 2019, followed by Kalpana Tiwari, wife of deceased, on November 2, 2019, and head constable Rajesh Kumar on November 28, 2019.
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Two doctors, Jitendra K Srivastava and Ram Prakash Dwivedi, who conducted medical and post-mortem examination, deposed on January 6, 2020 and January 21, 2020, respectively, while the then city magistrate Salil K Patel recorded his statement on February 11, 2020.
Sub-inspector Kushal Kumar Tiwari deposed on December 23, 2022, and investigating officer assistant commissioner of police Vivek Pandey, then station officer of Gomti Nagar, was examined over a prolonged period from February 2, 2024 to October 19, 2024.