# Criminal (Human Rights) Case No. 6 of 1996 — State vs Rolland Christopher Chhetri (A-1, abated) & \[name withheld\] (A-2)

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2-12-008](https://datalibertarian.in/babuwatch/trial-court/t2-12-008)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2-12-008.json](https://datalibertarian.in/babuwatch/data/case/t2-12-008.json)

Trial-court conviction (Special Judge, Human Rights, South and West District, Sikkim; Sessions Court). Convicted 21 December 1999. Appeal status: Upheld on appeal.

## Summary

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.

## Report card

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.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1001226/); [Appellate judgment](https://indiankanoon.org/doc/194754/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2-12-008)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: fake encounter extrajudicial killing
- Location: Gyalshing, Sikkim
- Officers: Sub-Inspector, Special Branch, Sikkim Police (co-accused: DySP/Sub-Divisional Police Officer Rolland Christopher Chhetri, West Sikkim — died 09/10/1995, proceedings abated)
- 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
- Verification: V1 · Trial court