Lucknow: The prosecution’s failure to prove intention to kill, which is essential for a conviction under Section 302, led to the acquittal of constable Prashant Kumar Chaudhary of murder in the 2018 Vivek Tiwari shooting case.The judge relied on the circumstances of the late-night encounter, including darkness, glare from the car’s headlights, the vehicle’s movement towards the policemen, repeated collisions with the police motorcycle, and the fact that only one shot was fired.Testimony from Sana Khan, who was travelling with Tiwari, was cited as significant. During cross-examination, she stated that after the car first hit the motorcycle, Tiwari reversed and then moved forward again. She told the court that when the shot was fired, the car’s front tyre was positioned over the motorcycle’s front wheel, and confirmed that the policemen were in uniform and had signalled the vehicle to stop.Technical and forensic evidence recorded substantial damage to the police motorcycle, consistent with it being struck at least twice. An FSL report confirmed that the fatal bullet was fired from the 9mm service pistol issued to Chaudhary and entered through the front windscreen while he was positioned in front of the advancing vehicle.The court also found that the repeated ramming gave Chaudhary a right of private defence, but that he exceeded it by firing at the vehicle rather than attempting a non-lethal measure. It noted the confrontation unfolded in under a minute, leaving little time for deliberation, and observed that Chaudhary fired only once and reported the incident immediately.
