A special investigation team of the Uttar Pradesh Police has suggested in its report that constable Prashant Chowdhary had opened fire "without any provocation" at Apple employee Vivek Tiwari in Lucknow in September leading to his death.
The constable shot at the 38-year-old Apple store manager, who was in an SUV, after he allegedly refused to stop his car in Gomti Nagar on September 29.
The report by the SIT, led by Inspector General Sujeet Pandey, was submitted to the DGP office here Wednesday night.
The constable had claimed that he had opened fire at Tiwari when he refused to stop his car. But, the SIT report says Tiwari was trying to leave the spot when he was intercepted by police and hit the patrol motorcycle.
Meanwhile, Sandeep Kumar, the constable accompanying Chowdhary, has been given a clean chit in the murder, but was charge-sheeted under Section 323 of the IPC for voluntarily causing hurt to Tiwari's female colleague Sana Khan, who was also in the vehicle.
Both the constables were arrested and are presently in jail.
The 16-page SIT report also recommended action against the then Gomti Nagar SHO and the then Circle Officer for lapses.
Pandey told reporters that the murder took place "without any provocation". It was not pre-planned and happened on the spur of the moment, he said.
"After a detailed investigation, we have charged Chaudhary under IPC section 302 (murder). He had claimed that he fired the bullet in self-defence. However, we found there was no imminent life threat to him or even any injury caused...," Pandey said.
The Lucknow Police will file a charge sheet in the case soon, he said.
