UKHUNDOI BRAHMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Roshid, learned counsel appearing for the petitioner and also heard Miss S Barua, learned Junior Government Advocate, who has also produced the records of the disciplinary proceeding against the petitioner.

(2.) The story as unfolded in the pleading of the contesting parties is that while working as an Unarmed Branch Constable (UBC) under the Superintendent of Police, Kokrajhar, the petitioner and other personnel were detailed for duty to escort a few under trial prisoners to the Court of the learned Judge, NIA Court, Guwahati. On the return journey, 2 (two) of the undertrial prisoners managed to escape from the police van and in the attempt to stop them, one of the UTPs sustained bullet injuries and later expired.

(3.) Regarding the aforesaid incident, Kokrajhar PS Case No. 403 of 2016, under Ss. 120(B)/128 of the IPC was registered. The petitioner was arrested on the basis of the FIR on 14/7/2016 and he was released on bail on 20/8/2016