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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

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
                                                       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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