Patna High Court

ANIL SINGHversusSTATE OF BIHAR

Decided: 26 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal abated due to the appellant's death, the discretionary fine was set aside, and the imprisonment sentence was deemed abated.

Summary

Anil Singh, convicted under Section 302 of the IPC, appealed his sentence. While the appeal was pending, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal, invoking Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The Court noted that a fine imposed on conviction for murder is discretionary, citing precedents from Allahabad and Bombay High Courts. Consequently, the fine was set aside and, because the appellant had died, the imprisonment portion of the sentence was deemed abated. The appeal was therefore disposed of as fully abated.

Issues considered

Does an appeal abate upon the death of the appellant when no near relative applies for leave to continue under CrPC Section 394?
Is the fine imposed on conviction under Section 302 IPC discretionary and subject to removal?
What is the effect of the appellant's death on the imprisonment sentence?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Criminal Procedure Code — s. 394

Subjects

appeal abatement
death of appellant
Section 302 IPC
discretionary fine
Criminal Procedure
sentence remission
fine set aside

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.146 of 2010
                 ======================================================
                 Anil Singh, son of Kamla Singh, resident of Village- Nauwan, P.O.- Dadhan,
                 P.S.- Dinara, District- Rohtas (Sasaram)

                                                                                 ... ... Appellant

                                                     Versus

                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :         Mr. Manish Kumar -3, Advocate
                 For the Respondent    :         Mr. Sujit Kumar Singh, 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   03.05.2026       of    the

                   Superintendent of Police, Rohtas along with the report dated

                   01.05.2026 of the Police Inspector-cum-S.H.O., Dinara Police

                   Station, Rohtas, which indicate that the sole appellant Anil

                   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
Patna High Court CR. APP (DB) No.146 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

          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 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.146 of 2010(3) 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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