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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

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


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