Patna High Court
DHANANJAY SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated due to the appellant's death; the fine order is set aside and the appeal is disposed of in its entirety.
Summary
The appellant Dhananjay Singh appealed a conviction under Section 302 IPC for which a fine had been imposed. While the appeal was pending, the appellant died, as confirmed by police reports and a death certificate. Under Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), no near relative filed an application to continue the appeal, leading the court to consider the effect of the appellant's death. Citing Santosh Kumar Baranwal v. State of UP and Gopala Balu Kamble v. State of Maharashtra, the court held that a fine is discretionary and, with the State not seeking recovery, the fine order could be set aside. Consequently, the imprisonment sentence was deemed abated, the fine was vacated, and the appeal was disposed of as fully abated.
Issues considered
- The effect of the appellant's death on a pending criminal appeal under CrPC Section 394/BNSS Section 435.
- Whether a discretionary fine imposed under a conviction can be set aside when the appellant has died and the State does not pursue recovery.
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
- CrPC Section 394
- BNSS Section 435
- conviction
- sentence abatement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.145 of 2009
======================================================
Dhananjay Singh, son of Ghura Singh, resident of Village- Ijari Pipara, P.S.-
Arrah Muffasil, District- Bhojpur
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Ashok Kumar Singh, Advocate
For the Respondent : 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)
4 26-05-2026 Perused the report dated 11.05.2026 of the
Superintendent of Police, Bhojpur, Ara along with the report
dated 11.05.2026 of the Assistant Sub-Inspector of Police,
Dhobahan Police Station, Bhojpur, Ara, which indicate that the
sole appellant Dhananjay Singh 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.145 of 2009(4) dt.26-05-2026
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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 2009, 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.145 of 2009(4) dt.26-05-2026
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concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
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