Lucknow court convicts constable in 2018 killing of city’s Apple area manager, acquits another

Lucknow, Sep 17 (PTI) A local court on Thursday convicted a constable of culpable homicide not amounting to murder in the 2018 killing of an Apple area sales manager, while acquitting his colleague constable for lack of sufficient evidence.

The court convicted constable Prashant Chaudhary in the killing of Apple area sales manager Vivek Tiwari and acquitted his colleague constable Sandeep Kumar for lack of sufficient evidence.

Sessions Judge Malkhan Singh directed that Chaudhary, who is in jail, be produced before the court on September 21 for hearing on the question of sentence.

The court, on the basis of evidence led during the trial, held that there was no proof that Chaudhary had any prior intention or motive to kill Tiwari.

The court observed that the incident occurred in the course of a sudden confrontation and, therefore, the offence of murder was not established against him.

According to the prosecution, around 1.40 am on September 29, 2018, Tiwari was returning home in his car with his colleague Sana Khan. Near Saryu Apartments in Gomti Nagar Extension, the two policemen allegedly tried to stop the vehicle.

Chaudhary allegedly fired at Tiwari with his licensed pistol while Sandeep allegedly assaulted Khan with a baton and struck the car’s bonnet.

Tiwari was rushed to Ram Manohar Lohia Hospital, where doctors declared him dead.

Khan lodged an FIR at Gomti Nagar police station around 5 am, stating that the policemen had tried to stop their vehicle and one of them suddenly opened fire.

Later, around 7 pm, Tiwari’s wife Kalpana Tiwari also lodged an FIR naming both policemen.

She alleged that Chaudhary had fired the shot while Sandeep was accompanying him and beating the car’s bonnet.

Kalpana’s counsel Pranshu Agrawal said police filed a chargesheet on December 19, 2018 against Chaudhary under Section 302 (punishment for murder) of the IPC and against Sandeep under Section 323 (punishment for voluntarily causing hurt).

The then chief judicial magistrate took cognisance on December 24 and committed the case to the sessions court.

On March 22, 2019, the then additional district judge, Sanjay Shankar Pandey, framed charges against both accused. PTI COR ABN KSS KSS

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