Patna High Court
MANGAL MARANDIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death, the discretionary fine was set aside, and the imprisonment sentence was deemed extinguished.
Summary
Mangal Marendi, convicted under Section 302 IPC, appealed his sentence. While the appeal was pending, he died, as confirmed by police reports and a death certificate. No near relative filed an application under CrPC Section 394 (or BNS 2023 Section 435) to continue the appeal. The Court noted that the fine imposed on conviction is discretionary, citing precedents from Allahabad and Bombay High Courts. Consequently, the fine was set aside and, because the appellant had died, the imprisonment sentence was deemed abated. The appeal was therefore disposed of as having abated in its entirety.
Issues considered
- Whether an appeal can be continued after the death of the appellant without a relative's application under CrPC Section 394/BNS Section 435.
- Whether the fine imposed on conviction under Section 302 IPC is mandatory or discretionary.
- What is the effect of the appellant's death on the imprisonment portion of the sentence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- death of appellant
- abatement
- discretionary fine
- Section 302 IPC
- CrPC Section 394
- BNS 2023 Section 435
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1207 of 2008
======================================================
Mangal Marandi, son of Late Pero Marandi, resident of Village- Neemabari,
Teldanga, Police Station- Manihari, District- Katihar
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Ajay Kumar, Advocate
For the Respondent : Smt. Shashi Bala Verma, 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 report dated 10.05.2026 of the
Superintendent of Police, Katihar along with the report dated
10.05.2026 of the S.H.O., Adarsh Police Station, Manihari,
Katihar, which indicate that the sole appellant Mangal Marandi
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
Patna High Court CR. APP (DB) No.1207 of 2008(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
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.
Patna High Court CR. APP (DB) No.1207 of 2008(4) dt.26-05-2026
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3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
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