The Bodoland People's Front (BPF) MLA Durga Das demanded a probe into the killing of Dimbeswar Mushahary in a police encounter.
Speaking to the media, the MLA said, "Encounter is not the only option...and there are laws which can help resort the matter."
"The BPF party never supports encounter and someone to killed without any judgement," he added.
Further, the MLA claimed that if the deceased is proven not guilty then the Assam CM Himanta Biswa Sarma who is also holding the portfolio of the Home Department must answer the people of Assam.
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The MLA also asserted that the police officials who committed the crime of killing a man due to mistaken identity must be punished.
The Udalguri encounter that took place on February 24 was not a case of mistaken identity, according to the police.
The encounter was carried out by the Udalguri police in response to a planned robbery by veteran criminal Kenaram, who was a prime accused in several armed robbery cases with a similar modus operandi.
At around 10:30 am on February 24, two individuals arrived at the spot in a motorbike without a number plate. In pursuit of committing robbery, one of the individuals confronted the police team with a 7.65 mm pistol and fired upon them, causing grievous injury to one police sub-inspector and one constable. The police team retaliated in self-defence, resulting in one of the accused sustaining a bullet injury. The second individual fled the scene on the motorbike.
The injured police officer was rushed to the hospital and underwent surgery to remove a bullet from his right hand. The accused person who sustained a bullet injury was declared brought dead. The police recovered a 7.65 mm pistol, 2 rounds of 7.65 live ammunition, one bullet head, and one empty case from the spot.
The family of the deceased individual claimed that the deceased was Dimbeshwar Muchahary and not Kenaram. However, the police have confirmed that Kenaram Basumutary was the deceased individual and that the encounter was not a case of mistaken identity. Kenaram was a surrendered NDFB cadre and a veteran criminal who was involved in several armed robbery cases.
Dimbeshwar Muchahary, who was also a veteran criminal, had been arrested in several cases, including one where a pistol and one round of 9 mm ammunition were recovered from his house. The family of Dimbeshwar Muchahary has requested the exhumation of the body, and with a positive magisterial order, DNA profiling may be conducted to verify the identity of the deceased.
The police have registered a case under Rowta P.S. Case No. 61/2023 u/s 398/353/333/326/307 IPC r/w 25(1A)/27 of the Arms Act. The last rites of Kenaram Basumutary were conducted in village Natun Panbari, Orang on 24.02.2023, late evening by his family.
The police have reiterated that the encounter was carried out in response to a planned robbery by Kenaram and that it was not a case of mistaken identity. The investigation into the case is ongoing, and further updates will be provided as and when they become available.
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