Verdict today in Apple executive Vivek Tiwari killing case
District and sessions judge Malkhan Singh will deliver the verdict Thursday in the killing of Apple executive Vivek Tiwari, 38, shot dead in Lucknow on September 30, 2018. The case, registered as Sessions Trial No. 49 of 2019, State vs Prashant Kumar Chaudhary, involves IPC sections 302 and 323. Prosecution says constable Chaudhary opened fire during a chase after Tiwari's SUV did not stop around 1.30 am. Co-accused Sandeep Kumar is being tried separately.
Source
Hindustan Times — India · read the original report ↗
Desk check · compared with the source
What the desk checked (5)
- District and sessions judge Malkhan Singh will deliver the verdict on September 17 in Sessions Trial No. 49 of 2019, State vs Prashant Kumar Chaudhary. — Attributed in source to advocate Pranshu Agarwal, who represents Kalpana Tiwari; case number and judge's name appear in source.
- Vivek Tiwari, 38, an Apple executive, was shot dead around 1.30 am on September 30, 2018 in Gomti Nagar Extension, Lucknow. — Figures, date and location appear in the source as prosecution account; not independently verifiable here.
- Constable Prashant Chaudhary allegedly opened fire during a chase; the SUV then hit a divider and Tiwari was declared dead in hospital. — Presented in source as the prosecution's version, using 'allegedly'; retained as an allegation.
- An SIT concluded in 2018 that Chaudhary intentionally killed Tiwari and held constable Sandeep Kumar responsible for voluntarily causing hurt to witness Sana Siddiqui. — Attributed in source to the Special Investigation Team's findings; no document cited.
- Co-accused Sandeep Kumar is being tried separately. — Stated in source without specific attribution; internally consistent with the rest of the report.
Analysts’ view opinion
This is not just one homicide trial — it is a court's answer to a broader constitutional question about police use of force and accountability. The prosecution's case rests on Section 302 IPC, i.e. intentional killing, while in cases of this kind the defence typically argues discharge of duty, self-defence, or firing without intent to kill. Whether the verdict lands on murder, a lesser offence, or acquittal will turn largely on how the judge reads intent (mens rea) on the available evidence.
- A conviction under Section 302 requires intention or knowledge that the act was likely to cause death; absent that finding, the law allows the offence to fall to a lesser category.
- The eyewitness account of Sana Siddiqui and the testimony of the doctors who conducted the post-mortem and her medical examination mean the corroboration between ocular and medical evidence could be decisive.
- The SIT's conclusions are the basis of the chargesheet, not a substitute for proof — what stands up as evidence in court is the only test, and an investigative opinion is not a finding of guilt.
- Because co-accused Sandeep Kumar is being tried separately, this verdict does not directly decide his case, and divergent outcomes in the two trials are legally possible.
- An eight-year trial raises questions about speedy justice — a concern that cuts both ways, for the bereaved family and for the accused.
What to watch — Watch for the sentencing stage if there is a conviction, which side moves the High Court in appeal or revision, and how the separate trial of Sandeep Kumar proceeds.
The verdict has not yet been pronounced, and this story does not establish the defence's case or how the judge weighed the evidence — the allegations remain allegations until proved.
Deep dive
Research brief · 8 facts · 10 dates · exam-readyThe brief
Context
Vivek Tiwari, a 38-year-old Apple executive living in New Hyderabad Colony, Lucknow, was shot dead by a Uttar Pradesh police constable in the early hours of September 30, 2018, while driving home from a party in his SUV with a former colleague, Sana Siddiqui. The killing triggered public outrage over police use of force and accountability in UP, and a Special Investigation Team was formed to probe it. Nearly eight years later, district and sessions judge Malkhan Singh is set to deliver the verdict in Sessions Trial No. 49 of 2019, State vs Prashant Kumar Chaudhary, under IPC sections 302 and 323. Co-accused constable Sandeep Kumar is being tried separately.
Key facts
- Vivek Tiwari, 38, an Apple executive and resident of New Hyderabad Colony, was shot dead at around 1.30 am on September 30, 2018 in Lucknow.
- The case is registered as Sessions Trial No. 49 of 2019, State vs Prashant Kumar Chaudhary, at Gomti Nagar police station, under IPC sections 302 and 323.
- District and sessions judge Malkhan Singh is to deliver the verdict on September 17, according to advocate Pranshu Agarwal, counsel for Tiwari's wife Kalpana Tiwari.
- Prosecution case: constables Prashant Chaudhary and Sandeep Kumar were patrolling on a motorcycle near Makdoompur police outpost in Gomti Nagar Extension and signalled Tiwari's SUV to stop.
- When Tiwari did not stop, the constables chased the SUV and Chaudhary allegedly opened fire; the bullet hit Tiwari, his vehicle hit a divider and he was declared dead at hospital.
- In 2018, the SIT concluded Chaudhary intentionally killed Tiwari and held Sandeep Kumar responsible for voluntarily causing hurt to Sana Siddiqui.
- Prosecution witness examination began in April 2019; Sana Siddiqui, a key witness, recorded her statement on April 4, 2019.
- Investigating officer Vivek Pandey, then station officer of Gomti Nagar, was examined between February 2024 and October 2024; evidence closed by early 2025.
Timeline
- September 30, 2018, around 1.30 amVivek Tiwari shot while driving home from a party with former colleague Sana Siddiqui; SUV hits a divider, he is declared dead at hospital.
- 2018 (after the incident)Amid public outrage, constables Prashant Chaudhary and Sandeep Kumar arrested; an SIT is formed and concludes Chaudhary intentionally killed Tiwari.
- April 2019Prosecution begins examining witnesses; Sana Siddiqui records her statement on April 4, 2019.
- November 2, 2019Kalpana Tiwari, the victim's wife, gives her statement; head constable Rajesh Kumar deposes on November 28, 2019.
- January 2020Doctors Jitendra K Srivastava and Ram Prakash Dwivedi, who conducted the post-mortem and Sana's medical examination, depose.
- February 2020Then city magistrate Salil K Patel deposes.
- December 2022Sub-inspector Kushal Kumar Tiwari records his statement.
- February 2024 to October 2024Investigating officer Vivek Pandey, then station officer of Gomti Nagar, is examined.
- Early 2025Prosecution and defence complete examination of witnesses; trial enters final stage, with remaining submissions scheduled in August.
- September 17District and sessions judge Malkhan Singh to deliver the verdict.
Who has a stake
- Vivek Tiwari's family (wife Kalpana Tiwari, brother-in-law Vishnu Shukla) — Have waited eight years for justice; Kalpana is represented by advocate Pranshu Agarwal and earlier objected to transfer of the case.
- Constable Prashant Kumar Chaudhary — Accused in Sessions Trial No. 49 of 2019 under IPC 302 and 323; faces verdict from the district and sessions judge.
- Constable Sandeep Kumar (co-accused) — Held by the SIT responsible for voluntarily causing hurt to Sana Siddiqui; being tried separately on a different track.
- Sana Siddiqui — Former colleague present in the SUV and a key prosecution witness; recorded her statement on April 4, 2019.
- Uttar Pradesh Police / SIT — Institutional credibility on police use of force and accountability; SIT concluded the shooting was intentional, not self-defence.
- District and sessions judge Malkhan Singh — Presiding judge who will pronounce the judgment in the case.
Why it matters
The case became a national test of police accountability in Uttar Pradesh, with an SIT itself concluding that a constable shot an unarmed civilian without provocation and not in self-defence. The verdict, coming nearly eight years after the killing, also highlights how long trials can stretch even in high-profile cases with an early SIT finding and a surviving eyewitness.
UPSC angle
Prelims pointers
- Vivek Tiwari, 38, Apple executive, was shot dead in Lucknow on September 30, 2018 by a UP police constable.
- Case: Sessions Trial No. 49 of 2019, State vs Prashant Kumar Chaudhary, registered at Gomti Nagar police station.
- Charges invoked: IPC Section 302 (murder) and Section 323 (voluntarily causing hurt).
- Verdict to be delivered by district and sessions judge Malkhan Singh on September 17.
- A Special Investigation Team (SIT) probed the case and in 2018 held that Chaudhary intentionally killed Tiwari.
- Co-accused constable Sandeep Kumar is being tried separately from Chaudhary.
Mains framing
The Vivek Tiwari case, in which a UP constable shot dead an unarmed Apple executive at 1.30 am on September 30, 2018 after his SUV failed to stop at a patrol signal, raises two linked governance questions: the proportionality of police use of force, and the speed of criminal justice when the accused are policemen. The SIT's 2018 finding that Chaudhary fired intentionally and without provocation, rather than in self-defence, and that Sandeep Kumar voluntarily caused hurt to eyewitness Sana Siddiqui, suggests failures in training, supervision and discipline in night patrolling rather than a split-second lawful judgement. Yet the trial stretched from April 2019, when witness examination began, to early 2025, with the investigating officer alone examined between February 2024 and October 2024, and the co-accused tried on a separate track. The implications are twofold: delayed accountability erodes public confidence in the police and in the courts, and victims' families such as Kalpana Tiwari's are left to sustain an eight-year legal effort. The way forward, as the source indicates, lies in timely completion of trials involving police personnel and in acting on SIT-type independent findings on unjustified firing, so that use-of-force norms are enforced rather than merely stated.
Key terms
- IPC Section 302
- Indian Penal Code provision on punishment for murder; invoked against constable Prashant Kumar Chaudhary in this case.
- IPC Section 323
- Indian Penal Code provision on punishment for voluntarily causing hurt; also part of the charges in this trial.
- Special Investigation Team (SIT)
- Dedicated police team formed to probe the killing; it concluded in 2018 that the firing was intentional and not self-defence.
- Sessions Trial No. 49 of 2019
- Official case number of State vs Prashant Kumar Chaudhary before the Lucknow district and sessions court.
- District and sessions judge
- Senior judicial officer at district level who tries serious offences such as murder; here, judge Malkhan Singh.
- Separate trial
- Arrangement where co-accused Sandeep Kumar's case proceeds on a different track from Chaudhary's trial.
Practice questions
- Examine the issue of police use of force and accountability in India with reference to the 2018 killing of Apple executive Vivek Tiwari in Lucknow.
- What institutional reasons explain the eight-year delay in concluding a murder trial where an SIT had recorded its findings within months? Suggest measures.
- Discuss the role of Special Investigation Teams and eyewitness testimony in securing accountability when the accused are serving police personnel.
Grounded only in the source report — figures and dates are the source's, not inferred.