Patna High Court
NANHAK PASWANversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates upon the appellant's death with no application filed, and the discretionary fine imposed under Section 302 IPC is set aside.
Summary
The appellant, Nanhak Paswan, was convicted under Section 302 of the Indian Penal Code and a fine was imposed by the trial court. While the appeal was pending, the appellant died, as confirmed by police reports. The High Court examined Section 394 of the Code of Criminal Procedure (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative files an application for leave to continue. Relying on precedents that the fine in a Section 302 conviction is discretionary, the Court set aside the fine order. Since the imprisonment portion of the sentence also ceased with the appellant’s death, the appeal was held to have abated in its entirety and was disposed.
Issues considered
- Does the death of an appellant, without a relative filing an application under Section 394 CrPC, abate the pending criminal appeal?
- Is the fine imposed on conviction under Section 302 IPC discretionary and subject to being set aside?
- What is the effect of the appellant’s death on the imprisonment sentence awarded by the trial court?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- death of appellant
- abated appeal
- Section 394 CrPC
- Bharatiya Nagarik Suraksha Sanhita
- Section 302 IPC
- discretionary fine
- criminal sentencing
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1018 of 2011
======================================================
Nanhak Paswan S/O Late Gopali Paswan R/O Village - Yamune, P.S.
Chandauti, Distt. - Gaya
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manish Kumar No-2, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 26-05-2026 Perused the Letter No. 1683 dated 15.05.2026 of the
Senior Superintendent of Police, Gaya along with the Report
dated 14.05.2026 of the S.H.O, Chandauti Police Station, Gaya
Ji, wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Nanhak Paswan, is dead.
2. In view of the said letter as also Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
Patna High Court CR. APP (DB) No.1018 of 2011(4) dt.26-05-2026
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continue the appeal and having regard to the settled position of
law as enunciated by the Hon'ble Division Bench of the High
Court of Judicature at Allahabad in Santosh Kumar Baranwal
-Vrs.- State of UP, reported in 2010 SCC OnLine All 974,
wherein it has been categorically held that upon conviction
under Section 302 of the Indian Penal Code, 1860, the
imposition of fine is discretionary in nature and does not partake
the character of a mandatory requirement, and the legal position
affirmed by the Hon'ble Division Bench of the High Court of
Judicature at Bombay in Gopala Balu Kamble -Vrs.- State of
Maharashtra, reported in 2011 SCC OnLine Bom 1290 being
in consonance therewith, and whereas the appellant has since
expired during the pendency of the present appeal and the
conviction sought to be assailed pertains to the year 2011, and
the State does not intend to pursue the recovery of the fine
amount as imposed by the learned Trial Court, this Court , upon
due consideration of the aforesaid facts, circumstances and
settled legal position, hereby sets aside the order of imposition
of fine passed by the learned Trial Court, and since the appeal
insofar as it pertains to the sentence of imprisonment stands
abated consequent upon the demise of the appellant, the present
appeal is disposed of as having abated in its entirety.
Patna High Court CR. APP (DB) No.1018 of 2011(4) dt.26-05-2026
3/3
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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