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8 Years Later, Cop Gets 10 Years for Apple Exec's Killing
1 Oct
Summary
- Constable sentenced to 10 years for culpable homicide, not murder.
- Acquittal of co-accused constable sparks family's dissatisfaction.
- Verdict marks legal conclusion for one part of 2018 police encounter case.
Eight years after the fatal shooting of Apple executive Vivek Tiwari in Lucknow, constable Prashant Kumar Chaudhary has received a 10-year sentence for culpable homicide not amounting to murder. The sessions court delivered this verdict on September 17, also imposing a Rs 20,000 fine and acquitting co-accused constable Sandeep Kumar. This judgment marks a significant legal development in the case that originated from a late-night confrontation in September 2018.
The court determined that while Chaudhary's actions exceeded his right to private defence, the circumstances did not establish the intent required for a murder conviction. Factors like the late-night setting, vehicle movement, and a single shot fired were considered. The court found the prosecution failed to prove charges against Sandeep Kumar beyond reasonable doubt, citing inconsistencies in eyewitness testimony and medical evidence.
Tiwari's family has expressed strong dissatisfaction, calling the verdict "injustice" and announcing plans to challenge both Chaudhary's sentence and Sandeep Kumar's acquittal in a higher court. The family questions the adequacy of a culpable homicide conviction for a death caused by a police officer's weapon, indicating the legal battle may continue.
