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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

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


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