JUDGMENT

Santosh Hegde, J.-The appellant herein, who was a Sub-Inspector of Police, Special Branch, Sikkim Police, along with one Rolland Christopher Chhetri (A1) who was then a Sub-Divisional Police Officer in the Sikkim Police, was charged for an offence under Sections 364, 302, 201 read with Section 34 IPC for committing the abduction and murder of one Dharma Dutt Sharma, and causing disappearance of evidence. A1 died during the trial of the case, hence, the proceedings against him abated. 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 a period of one year. For the offence under Section 364 IPC, the appellant was sentenced to undergo RI for 6 months and for the offence under Section 201 he was further sentenced to undergo RI for 3 years and to pay a fine of Rs. 5,000/- in default to undergo RI for 6 months. The learned Special Judge held that all the substantive sentences of imprisonment should run concurrently. He also directed that if the fine is realised the same be paid to the children, if