Sought relief by appealing to elderly parents

Lucknow: The court has sentenced dismissed constable Prashant Kumar Chaudhary, who was convicted in the death of the capital’s famous Apple Area Sales Manager Vivek Tiwari, to 10 years of imprisonment. Also, a fine of Rs 20 thousand has been imposed on him. Prashant has been in jail for almost eight years. The court found him guilty of culpable homicide not amounting to murder.

During the hearing on the question of punishment, Prashant Kumar Chaudhary appealed to the court for leniency. He cited his aged parents, unmarried brother and family circumstances. Prashant said that he has been in jail for about eight years and he has no previous criminal history. He asked the court to grant relief by considering the period spent in jail as sufficient punishment.

Prashant also cited his age before the court. He told that he is 36 years old and his family life has also been affected due to this case. According to him, his wife had divorced him in the year 2023. There are elderly parents at home and the brother is also not married. Based on these circumstances, he appealed to the court to give less punishment.

On the other hand, advocate Pranshu Aggarwal, appearing for Vivek Tiwari’s family, opposed the plea of ​​the convict. He demanded maximum punishment before the court. The victim’s family is also not completely satisfied with the decision and there is talk of adopting further legal options in the case.

After hearing the case, the District and Sessions Court found Prashant Chaudhary guilty of culpable homicide under Section 304 Part-2 of the Indian Penal Code. This provision covers such acts in which the accused has knowledge that his act may cause death of a person, but the intention to commit murder is not proved. Co-accused constable Sandeep Kumar was acquitted by the court.

This matter is of 29 September 2018. 38-year-old Vivek Tiwari, working in Apple company, was going to drop his colleague home late at night. Meanwhile, during police patrolling in Lucknow, an attempt was made to stop his car. In this incident, the then constable Prashant Chaudhary opened fire, which hit Vivek Tiwari. His car also crashed after being shot. Vivek later died. This incident had given rise to widespread discussion and protest in the entire state at that time.

After the matter came to light, serious questions were raised about the functioning of the police. Vivek Tiwari’s family had demanded strict action against the culprits. After the incident, legal action was started against Prashant Chaudhary and a long judicial process continued. About eight years later, the court found him guilty of culpable homicide and sentenced him.

According to the court’s decision, Prashant has been sentenced to 10 years, whereas he has already spent about eight years in jail. According to legal experts, if the period spent earlier in jail is adjusted in the sentence, he may have to spend the remaining period in jail. However, the convict has the legal option to appeal against the verdict in the High Court.

Vivek Tiwari’s family is not completely satisfied even after the court’s decision. The family’s objection is mainly due to Prashant being convicted of culpable homicide not amounting to murder and the acquittal of the other accused. The family has said that it will approach the High Court after studying the detailed decision.

An important judicial phase has been completed with the court’s decision in this case that lasted for almost eight years. Before the sentencing, the convict sought relief citing family circumstances and years spent in jail, while the aggrieved party demanded harsher punishment. Ultimately the court punished Prashant Chaudhary with 10 years imprisonment and a fine of Rs 20 thousand.