Patna High Court
Reyazuddin MianversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal was abated due to the appellant's death and the fine order was set aside as discretionary.
Summary
Reyazuddin Mian, convicted under Section 302 of the IPC with a fine imposed, filed an appeal which remained pending when he died. The police confirmed his death and no near relative applied for leave to continue the appeal under Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita). The Court noted that the fine under Section 302 is discretionary, not mandatory, as held in Santosh Kumar Baranwal v. State of UP and Gopala Balu Kamble v. State of Maharashtra. Consequently, the fine order was set aside and, because the appellant had died, the appeal was deemed abated. The trial court records were ordered to be sent back, and the appeal was disposed of as fully abated.
Issues considered
- The effect of the appellant's death on a pending criminal appeal under Section 394 CrPC/Section 435 B.N.S. 2023.
- Whether the fine imposed for a conviction under Section 302 IPC is mandatory or discretionary.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- criminal appeal
- appellant death
- abated appeal
- fine discretion
- Section 302 IPC
- Section 394 CrPC
- Section 435 B.N.S. 2023
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.16 of 2013
Arising Out of PS. Case No.-45 Year-2000 Thana- HUSSAINGANJ District- Siwan
======================================================
Reyazuddin Mian S/O Late Ajim Mian Resident Of Village- Chap, Police
Station- Pachrukhi, District- Siwan
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Loknath Singh, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
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. 172 dated 10.02.2026 of the
Superintendent of Police, Siwan along with the Report dated
10.02.2026 of the S.H.O, Husainganj Police Station, Siwan,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Reyazuddin Mian, 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.16 of 2013(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 2012, 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.16 of 2013(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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