Patna High Court
SHAKUNTALA DEVIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death, the fine was set aside, and the imprisonment sentence was deemed abated.
Summary
Shakuntala Devi, convicted under Section 302 of the IPC, appealed her sentence. While the appeal was pending, she died, as confirmed by police reports and a death certificate. No near relative filed an application under Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita) to continue the appeal. The Court held that the appeal abated upon her death, and consequently set aside the discretionary fine imposed by the trial court. The imprisonment portion of the sentence was also deemed abated, and the appeal was disposed of in its entirety.
Issues considered
- What is the effect of the appellant's death on a pending criminal appeal?
- Whether a discretionary fine imposed on conviction can be set aside when the appellant dies?
- Whether the appeal can proceed without a near relative filing an application under Sec. 394/435 of the CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- criminal appeal
- death of appellant
- abated appeal
- discretionary fine
- Section 302 IPC
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.122 of 2008
======================================================
Shakuntala Devi, wife of Ganga Prasad Mahton, Resident of Village- Patla,
Police Station- Khodawanpur, District- Begusarai
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr. Abhay Shanker Singh, Advocate
For the Respondent/s : Smt. Shashi Bala Verma, 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 report dated 05.05.2026 of the
Superintendent of Police, Begusarai along with the report dated
02.05.2026 of the Sub-Inspector of Police-cum-S.H.O.,
Chhaurahi Police Station, Begusarai, which indicate that the
sole appellant Shakuntala 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.122 of 2008(3) dt.26-05-2026
2/3
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 2007, 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.122 of 2008(3) 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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