Patna High Court
GHURAN TANTIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates due to the appellant's death, and the discretionary fine is set aside while the imprisonment sentence is considered abated.
Summary
Ghuran Tanti, convicted under Section 302 IPC, appealed his sentence. During the pendency of the appeal, police reports confirmed his death and a death certificate was produced. No relative filed an application to continue the appeal, invoking Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita). The Court held that the appeal abates upon the appellant's death and, following precedent that fines in murder convictions are discretionary, set aside the fine imposed by the trial court. The imprisonment portion of the sentence was deemed abated, and the appeal was disposed of as fully abated.
Issues considered
- Does an appeal abate upon the death of the appellant under Section 394 CrPC?
- Is the fine imposed under a conviction for murder (Section 302 IPC) discretionary and subject to being set aside?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- appeal abatement
- death of appellant
- Section 302 IPC
- discretionary fine
- CrPC Section 394
- criminal appeal
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.154 of 2008
======================================================
Ghuran Tanti, son of Lemo Tanti, resident of Village- Tatan, P.S.- Bakhari,
District- Begusarai, at present Resident of Village- Sansa, P.S.- Naw Kothi,
District- Begusarai
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Sabal Kumar Jha, 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 18.05.2026 of the
Superintendent of Police, Begusarai along with the report dated
16.05.2026 of the S.H.O., Neema Chandpura Police Station,
Begusarai, which indicate that the sole appellant Ghuran Tanti 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 appealand having regard to the settled position of
Patna High Court CR. APP (DB) No.154 of 2008(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 2008, 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.154 of 2008(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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