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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

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
                                            2/3




          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
                                                       3/3




                                  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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