Patna High Court
JANGI GIRI and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the death of the appellants, and the discretionary fine was set aside.
Summary
The appellants Jangi Giri and Yamuna Giri filed a criminal appeal against a conviction under Section 302 IPC, which included a fine imposed by the trial court. During the pendency of the appeal, both appellants died, as confirmed by police reports and death certificates. No near relative applied for leave to continue the appeal under Section 394 CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The Court noted that the fine is discretionary and not mandatory, and with the appellants deceased, the sentence of imprisonment could not be enforced. Consequently, the Court set aside the fine and held that the appeal abated entirely, disposing of the matter.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal?
- Whether a discretionary fine imposed under a conviction can 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
- criminal procedure
- Section 302 IPC conviction
- sentence suspension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.331 of 2010
======================================================
1. Jangi Giri, S/O Late Chattu Giri, R/O Vill.-Chandpali Tola Shiopur,P.S.-
Ziradei Mairawa,Dist.-Siwan.
2. Yamuna Giri S/O Late Chattu Giri R/O Vill.-Chandpali Tola Shiopur,P.S.-
Ziradei Mairawa,Dist.-Siwan.
... ... Appellants
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Satyendra Rai, Advocate
For the Respondent : Smt. Shashi Bala Verma, 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 report dated 11.05.2026 of the
Superintendent of Police, Siwan along with the report dated
11.05.2026 of the S.H.O., Ziradei Police Station, Siwan, which
indicate that both the appellants Jangi Giri and Yamuna Giri are
dead and the death certificates of the appellants are annexed
with the said reports.
2. In view of the said reports 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
Patna High Court CR. APP (DB) No.331 of 2010(3) dt.26-05-2026
2/3
law as enunciated by the Hon'ble Division Bench of the High
Court of Judicature at Allahabad in Santosh Kumar Baranwal
v. 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 v. State of Maharashtra,
reported in 2011 SCC OnLine Bom 1290 being in consonance
therewith, and whereas the appellants have since expired during
the pendency of the present appeal and the conviction sought to
be assailed pertains to the year 2010, 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 appellants, the present appeal is disposed of as
having abated in its entirety.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.331 of 2010(3) dt.26-05-2026
3/3
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.