Patna High Court
SAROJNI DEVIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated upon the appellant's death, the discretionary fine was set aside, and the imprisonment sentence was deemed abated.
Summary
The appellant, Sarojni Devi, died while her criminal appeal against a conviction under Section 302 IPC was pending. The High Court examined the reports confirming her death and applied Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which provides that an appeal abates on the death of the appellant. The Court also considered precedent that a fine imposed on conviction for murder is discretionary, not mandatory. Consequently, the fine order was set aside and the imprisonment sentence was deemed abated due to the appellant's demise. The appeal was therefore disposed of as having abated in its entirety.
Issues considered
- Does the death of an appellant during pendency of a criminal appeal abate the appeal under Section 394 CrPC/Section 435 BNS?
- Is the imposition of a fine on conviction under Section 302 IPC mandatory or discretionary?
- 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
- criminal appeal
- abatement
- death of appellant
- fine discretion
- Section 302 IPC
- sentencing
- CrPC
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.120 of 2009
======================================================
Sarojni Devi, wife of Krishnandan Singh, resident of Village- Itahri, Police
Station- Naya Ram Nagar, District- Munger
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Ashutosh Kumar, Advocate
For the Respondent : Mr. Sujit Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 26-05-2026 Perused the report dated 02.05.2026 of the
Superintendent of Police, Munger along with the report dated
02.05.2026 of the S.H.O., Naya Ram Nagar Police Station,
Munger, which indicate that the sole appellant Sarojni Devi 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.120 of 2009(6) 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.120 of 2009(6) dt.26-05-2026
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concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
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