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Patna High Court

VED NARAIN PRASADversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abated due to the appellant's death, and the discretionary fine imposed under Section 302 IPC was set aside.

Summary

The appellant, Ved Narain Prasad, was convicted under Section 302 of the IPC and a fine was imposed by the trial court. While the appeal was pending, the appellant died, and no near relative applied for leave to continue the appeal. The Court examined Section 394 of the CPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita) and noted that a fine in a Section 302 conviction is discretionary, not mandatory, as affirmed in Santosh Kumar Baranwal v. State of UP and Gopala Balu Kamble v. State of Maharashtra. Since the State did not intend to recover the fine and the appellant was deceased, the Court set aside the fine order and held that the appeal abated entirely. Consequently, the appeal was disposed of as abated, and the trial court records were to be sent back.

Issues considered

  • Does the death of an appellant during pendency of a criminal appeal abate the appeal?
  • Is the fine imposed in a conviction under Section 302 IPC discretionary and subject to set‑aside upon abatement?
  • Whether the State must pursue recovery of a discretionary fine after the appellant's death?

Legislation cited

Subjects

  • criminal appeal
  • death of appellant
  • abatement
  • discretionary fine
  • Section 302 IPC
  • sentencing
  • CPC 394
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.1210 of 2011
                        Arising Out of PS. Case No.-218 Year-2001 Thana- HILSA District- Nalanda
                 ======================================================
                 Ved Narain Prasad, S/O Late Ram Keshwar Prasad, Resident Of Village-
                 Pakari Deeh, Police Station- Karai Parsurai, District- Nalanda.


                                                                                    ... ... Appellant/s

                                                        Versus

                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Nand Kishore Prasad II, Advocate
                 For the Respondent/s    :        Mr. Ajay Mishra, 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 Letter No. 413 dated 14.02.2026 of the

                   Superintendent of Police, Nalanda along with the Report dated

                   09.02.2026 of the Sub-Inspector of Police-cum-S.H.O, Karai

                   Parsurai Police Station, Nalanda, wherein it is indicated that

                   during enquiry it came to light that the sole appellant, namely,

                   Ved Narain Prasad, is dead.

                               2. In view of the said letter as also Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
Patna High Court CR. APP (DB) No.1210 of 2011(3) dt.26-05-2026
                                            2/3




          since no near relative has filed any application for leave to

          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

          -Vrs.- 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 -Vrs.- 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 2011, 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
         Patna High Court CR. APP (DB) No.1210 of 2011(3) dt.26-05-2026
                                                     3/3




                   appeal is disposed of as having abated in its entirety.

                                3. Let the trial court records be sent back to the

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



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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