Criminal (Human Rights) Case No. 6 of 1996 — State vs Rolland Christopher Chhetri (A-1, abated) & [name withheld] (A-2)
The Special Judge, Human Rights, South and West District, Sikkim, on 21 December 1999 convicted SI (Special Branch) [name withheld] for the abduction and murder of a Gyalshing man of Timberbong Busty under Sections 364/302/201 r/w 34 IPC. The chargesheet case was that on 12 February 1988 the two police officers abducted Sharma near Naya Bazar, murdered him at Zoom Busty, and disposed of the body across the river under Bijanbari PS (Darjeeling, WB). The Sikkim High Court (10/04/2001) and the Supreme Court ([name withheld] v. [name withheld] of Sikkim, (2002) 7 SCC 157, decided 19/08/2002) both dismissed his appeals, upholding the life sentence.
This page documents a trial-court conviction from the cited sources below. It is not a High Court or Supreme Court finding; the conviction may have been appealed. Findings are attributed to the convicting court; this record does not add findings of its own.
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By judgment dated 21 December 1999, the Special Judge, Human Rights, South and West District, Sikkim convicted the Sub-Inspector, Special Branch, Sikkim Police (co-accused: DySP/Sub-Divisional Police Officer Rolland Christopher Chhetri, West Sikkim — died 09/10/1995, proceedings abated).
- Register number
- SK 02 CW 0001
- Case reference
- Criminal (Human Rights) Case No.6/1996; reported in the judgment of the Sikkim High Court
- Court and date
- The Special Judge, Human Rights, South and West District, Sikkim, 21 December 1999
- Officer(s) at the material time
- Sub-Inspector, Special Branch, Sikkim Police (co-accused: DySP/Sub-Divisional Police Officer Rolland Christopher Chhetri, West Sikkim — died 09/10/1995, proceedings abated)
- Present service status
- Not ascertained from the cited sources.
- Provisions invoked
- Section 364 read with Section 34 of the Indian Penal Code, 1860; Section 302 read with Section 34 of the Indian Penal Code, 1860; Section 201 read with Section 34 of the Indian Penal Code, 1860
- Finding of the Court (extract)
- “The appellant on being found guilty by the Special Judge, Human Rights, South & West Districts, Sikkim, was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-; in default to undergo further RI for …”
- Verdict, sentence and quantum
- Conviction recorded by the trial court. Sentence: 5 yrs RI + Rs 5,000 fine (6 mo RI default) u/s 364; imprisonment for life + Rs 10,000 fine (1 yr default) u/s 302; 3 yrs RI + Rs 5,000 fine (6 mo RI default) u/s 201 — concurrent, with set-off; fine to deceased's children
- Present status of the proceedings
- The conviction was affirmed in appeal.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Special Judge, Human Rights, South and West District, Sikkim convicted the accused police personnel on 21 December 1999. The conviction was upheld on appeal. Appeal text.
Sentence & charges
Sentence: 5 yrs RI + Rs 5,000 fine (6 mo RI default) u/s 364; imprisonment for life + Rs 10,000 fine (1 yr default) u/s 302; 3 yrs RI + Rs 5,000 fine (6 mo RI default) u/s 201 — concurrent, with set-off; fine to deceased's children
Sections: IPC 364 r/w IPC 34; IPC 302 r/w IPC 34; IPC 201 r/w IPC 34
Appeal status
Upheld on appeal. Appeal text