DWARIKA MAHTOversusTHE STATE OF BIHAR

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.216 of 2011
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                 Dwarika Mahto Son Of Late Chamari Mahto Resident Of Village Jaitiya,
                 Police Station Khudaganj, District Nalanda          ... ... Appellant/s
                                                     Versus
                 The State of Bihar                             ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s    :     Mr. Tej Narayan Singh, Advocate
                 For the Respondent/s   :     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 Letter No. 1496 dated 16.05.2026 of the

                   Superintendent of Police, Nalanda along with the Report dated

                   16.05.2026 of the S.H.O, Khudaganj Police Station, Nalanda,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Dwarika Mahto, 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

                   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
         Patna High Court CR. APP (DB) No.216 of 2011(3) dt.26-05-2026
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                   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 2011, 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(s), the

                   present appeal is disposed of as having abated in its entirety.

                                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/-

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