Patna High Court
RAJENDRA SINGH @ RAJENDRA SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death, and the discretionary fine imposed was set aside.
Summary
The appellant Rajendra Singh, convicted under Section 302 IPC, appealed his sentence. During the pendency of the appeal, the appellant died, as confirmed by police reports. The Court examined Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita) which provides that an appeal abates if the appellant dies and no relative applies for leave to continue. Relying on precedents that a fine imposed on conviction is discretionary, the Court set aside the fine order. Since the imprisonment portion of the sentence cannot be executed against a deceased person, the appeal was held to have abated in its entirety and was disposed accordingly.
Issues considered
- Does the death of an appellant during the pendency of a criminal appeal cause the appeal to abate under Section 394 CrPC/Section 435 BNS?
- Is the fine imposed on conviction under Section 302 IPC discretionary and can it be set aside when the appellant dies?
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
- discretionary fine
- Section 302 IPC
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- criminal sentencing
- conviction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.325 of 2011
======================================================
Rajendra Singh @ Rajendra Prasad Singh, son of Late Muneshwar Singh,
resident of village – Jandaha, District – Vaishali.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Krishna Chandra, Advocate
For the Respondent/s : Mr. Ajay Mishra, 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. 763 dated 14.05.2026 of the
Superintendent of Police, Vaishali along with the Report dated
11.05.2026 of the Sub-Inspector of Police-cum-S.H.O, Jandaha
Police Station, Vaishali, wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Rajendra
Singh @ Rajendra Prasad 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.325 of 2011(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 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, the present
appeal is disposed of as having abated in its entirety.
Patna High Court CR. APP (DB) No.325 of 2011(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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