Guwahati: Durga Das, an MLA for the Bodoland People’s Front (BPF), called for an investigation into the shooting death of Dimbeswar Mushahary by police.
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.
The MLA further asserted that the Assam chief minister Himanta Biswa Sarma who also oversees the Home Department, must answer to the people of Assam if the deceased is found not guilty.
The MLA further argued that the police officers who killed a guy by mistaken identity needed to face justice.
The police claim that the February 24 encounter in Udalguri was not a case of mistaken identity.
The Udalguri police conducted the encounter in reaction to a planned heist by seasoned criminal Kenaram, who was a key witness in other armed robbery cases using a similar method of operation.
At around 10:30 am on February 24, two people on a motorcycle without a licence plate arrived at the location. One of the suspects approached the police team while attempting to rob them and fired at them with a 7.65 mm pistol, seriously wounding one police sub-inspector and one policeman. One of the accused was shot by the police squad after they retaliated out of self-defense. Using the motorcycle, the second person rode away from the scene.
The wounded policeman needed surgery to have a bullet removed from his right hand after being taken to the hospital. The accused person who was shot was pronounced deceased at the scene. A 7.65 mm pistol, two rounds of 7.65 live ammunition, one bullet head, and one empty case were all found by the police there.
The deceased’s family asserted that he or she was Dimbeshwar Muchahary and not Kenaram. The encounter, however, was not a case of mistaken identity, according to the police, who have confirmed that Kenaram Basumutary was the deceased person. Kenaram was a surrendered NDFB cadre and a veteran criminal who was involved in several armed robbery cases.
A weapon and one cartridge of 9 mm ammo were found in Dimbeshwar Muchahary’s home during one of his arrests; he was a seasoned crook. The exhumation of the remains has been sought by the Dimbeshwar Muchahary family, and with a favourable magisterial order, DNA profiling might be used to confirm the identity of the dead.
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 incident was carried out in reaction to a planned robbery by Kenaram, the police have stated again, and it was not a case of mistaken identity. Further developments will be sent as soon as they are available. The matter is still under investigation.