Patna High Court
SUNIL KUMAR SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death, and the discretionary fine was set aside, resulting in the appeal's disposal.
Summary
Sunil Kumar 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. The court examined Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita) which provides that a criminal appeal abates on the death of the appellant if no relative applies to continue it. Relying on precedents that a fine imposed on conviction under Section 302 is discretionary, the court set aside the trial court's fine order. Since the imprisonment portion of the sentence also ceased with the appellant's death, 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 BNS Sanhita.
- Whether a fine imposed on conviction under Section 302 IPC is mandatory or discretionary.
- The appropriate relief when an appeal abates due to the appellant's death.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- criminal appeal
- abatement
- death of appellant
- fine discretion
- Section 302 IPC
- Section 394 CrPC
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.202 of 2012
Arising Out of PS. Case No.-253 Year-2007 Thana- BAHADURPUR District- Darbhanga
======================================================
Sunil Kumar Singh S/O Vijay Kumar Singh @ Vaidnath Singh Resident Of
Village- Taralahi, P.S.- Bhairpur, District- Darbhanga
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bharat Bhushan, 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)
5 26-05-2026 Perused the Letter No. 236 dated 15.02.2026 of the
Senior Superintendent of Police, Darbhanga, along with the
Report dated 13.02.2026 of the S.H.O., Bahadurpur Police
Station, Darbhanga as well as the Death Certificate dated
05.11.2018, which was issued by the Department of Planning
and Development, Government of Bihar; wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Sunil Kumar Singh, 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.202 of 2012(5) 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.202 of 2012(5) 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.