Patna High Court

RAMASHISH KOERIversusSTATE OF BIHAR

Decided: 26 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal abated due to the appellant's death, the fine was set aside, and the imprisonment sentence was deemed abated.

Summary

The appellant, Ramashish Koeri, died while his criminal appeal was pending, as confirmed by police reports and a death certificate. No near relative applied for leave to continue the appeal under Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita). The Court, relying on precedents that a fine in a Section 302 conviction is discretionary, set aside the trial court's fine order. Since the appellant is deceased, the imprisonment sentence was deemed abated. Consequently, the appeal was disposed of as having abated in its entirety, and the trial court record was ordered to be sent back.

Issues considered

What is the effect of the appellant's death on a pending criminal appeal?
Whether the fine imposed under a conviction for murder can be set aside when the appellant dies?
Whether the appeal abates automatically under Section 394 CrPC/Section 435 BNS in the absence of an application by a relative?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Criminal Procedure Code — s. 394
Indian Penal Code — s. 302

Subjects

criminal appeal
death of appellant
abated appeal
fine discretion
Section 302 IPC
Section 394 CrPC
Section 435 BNS
sentencing

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.1123 of 2008
                 ======================================================
                 Ramashish Koeri, son of Late Lakhan Mahto, of Vill- Alpa, P.S.- Pauthu,
                 District- Aurangabad (Bihar)

                                                                            ... ... Appellant

                                                  Versus

                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :      Mr. Nirmal Kumar Sinha-3, Advocate
                 For the Respondent    :      Smt. Shashi Bala Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   26-05-2026                 Perused the report dated 14.05.2026 of the Deputy

                   Superintendent of Police (Mu0-01), Aurangabad along with the

                   report dated 13.05.2026 of the Sub-Inspector of Police, Pauthu

                   Police Station, Aurangabad, which indicate that the sole

                   appellant Ramashish Koeri is dead and the death certificate of

                   the appellant is annexed with the said report.

                               2. In view of the said reports 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

                   continue the appeal and having regard to the settled position of
Patna High Court CR. APP (DB) No.1123 of 2008(3) dt.26-05-2026
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          law as enunciated by the Hon'ble Division Bench of the High

          Court of Judicature at Allahabad in Santosh Kumar Baranwal

          v. 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 v. 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 2008, 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.

                       3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.1123 of 2008(3) dt.26-05-2026
                                                       3/3




                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U

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