Patna High Court
RAJENDRA DASversusSTATE 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, Rajendra Das, was convicted under Section 302 of the IPC and sentenced to imprisonment and a fine. While the appeal was pending, the appellant died, as confirmed by police reports and a death certificate. The Court examined Section 394 of the CPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita) and held that a criminal appeal abates upon the death of the appellant. Relying on precedents that the fine under Section 302 is discretionary, the Court set aside the fine imposed by the trial court. Since the imprisonment portion of the sentence also became moot, the appeal was disposed of as fully abated and the trial court records were ordered to be sent back.
Issues considered
- The effect of the appellant's death on a pending criminal appeal.
- Whether the fine imposed under Section 302 IPC is mandatory or discretionary.
- Whether a discretionary fine can be set aside when the appellant has died.
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
- Section 302 IPC
- discretionary fine
- CPC 394
- Bharatiya Nagarik Suraksha Sanhita 435
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1274 of 2010
======================================================
Rajendra Das Son of Late Bhagendra Das, resident of village– Morbatoli
Rajkha, Rampur, Police Station – Tajpur, District Samastipur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chandra Mauli Prasad Singh, 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. 832 dated 09.05.2026 of the
Superintendent of Police, Samastipur, along with the Report
dated 07.05.2026 of the S.H.O., Tajpur Police Station,
Samastipur as well as the Death Certificate, which was issued
by the Directorate of Economics and Statistics, Government of
Bihar; wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Rajendra Das, 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,
since no near relative has filed any application for leave to
Patna High Court CR. APP (DB) No.1274 of 2010(3) 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
-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 2010, 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.1274 of 2010(3) dt.26-05-2026
3/3
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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