india

Updated: Dec 20, 2018 23:18 IST

Over two months after Apple executive Vivek Tewari, 38, was shot dead by constable Prashant Chowdhary in Lucknow, investigators have found that the cop had opened fire without any provocation.

In its 16-page report submitted to the DGP headquarters on Wednesday, the seven-member special investigation team (SIT), led by IG (Lucknow range) Sujeet Pandey, has found that Chowdhary had shot Tewari dead without any immediate threat to his life.

“Chowdhary has been found guilty of murdering Tewari without any provocation. Investigation has revealed that the second constable had no common intention to kill Tewari,” IG Sujeet Pandey said.

He added that the incident was not a pre-planned criminal conspiracy but happened on the spur of the moment.

Chowdhary has been chargesheeted under Section 302 (murder) of the Indian Penal Code (IPC).

Constable Sandip Kumar, who was with Chowdhary at the time of the incident on the intervening night of September 28-29, has been given a clean chit from murder charges and has been chargesheeted under Section 323 of the IPC for voluntarily causing hurt to Tewari’s ex-colleague Sana Khan who was also in the SUV.

On the fateful day, constables Prashant Chowdhary and Sandip Kumar, who were on a police motorcycle, tried to intercept Tewari’s SUV near Maqdoompur police outpost reportedly for routine checking.

Chowdhury fired shot on Tewari from his service pistol when he did not stop. The bullet hit Tewari below the chin leading to his death. The two constables were arrested and are presently in jail. Chowdhary had earlier claimed that he opened fire on Tewari, who was in the SUV along with Sana Khan, when the latter tried to run him over.

However, the SIT found that Tewari was trying to leave the spot when his SUV was intercepted by the constables. In the process, the SUV slightly hit the patrol motorcycle and damaged it partially.

A member of the SIT and main investigating officer in the case, inspector Vikas Pandey, said the charge sheet would be filed in the competent court in another two days.

Another SIT member said the statements of 68 people, including police personnel, doctors, lone eyewitness Sana Khan and the two accused constables, were recorded during investigation.

He said the conclusion was drawn on the basis of ballistic report of Chowdhary’s service pistol, opinion of forensic experts and automobile experts. “Three video footages were also included in the investigation,” he added.

Another SIT member confirmed that the report had also recommended action against the then inspector DP Tewari and IPS officer Chakresh Mishra, who was posted as Gomti Nagar circle officer at the time of incident. “Action has been recommended after finding lapses in following legal procedure after the incident. Chowdhary was given special privilege at Gomti Nagar police station,” he said.