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Patna High Court

RAM PRIT RAJAKversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abated due to the appellant's death, the fine order was set aside, and the imprisonment sentence was deemed abated.

Summary

Ram Prit Rajak, convicted under Section 302 IPC, appealed his sentence. While the appeal was pending, he died, and a death certificate was submitted. Under CrPC Section 394 (and the corresponding Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), no near relative applied for leave to continue the appeal. The Court, relying on precedents that a fine is discretionary and not mandatory, set aside the fine imposed by the trial court, noting the State did not intend to recover it. Since the appellant’s death abates the imprisonment sentence, the appeal was disposed as fully abated.

Issues considered

  • The effect of the appellant's death on a pending criminal appeal under CrPC Section 394.
  • Whether a fine imposed under a conviction can be set aside when the appellant is deceased and the State does not pursue recovery.
  • Whether a near relative must file an application for leave to continue the appeal after the appellant's death.

Legislation cited

Subjects

  • criminal appeal
  • death of appellant
  • abated appeal
  • fine discretionary
  • Section 302 IPC
  • CrPC Section 394
  • Bharatiya Nagarik Suraksha Sanhita
  • abatement of sentence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.370 of 2008
                 ======================================================
                 Ram Prit Rajak, son of Late Tapeshwar Rajak, resident of Village- Sabalpur,
                 Musaltoli, P.S.- Sonepur, District- Saran (Chapra)

                                                                               ... ... Appellant

                                                   Versus

                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :      Mr. Arun Kumar, 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)

8   26-05-2026                 Perused the report dated 03.05.2026 of the Senior

                   Superintendent of Police, Saran along with the report dated

                   03.05.2026 of the Sub-Inspector of Police-cum-S.H.O., Sonepur

                   Police Station, Saran, which indicate that the sole appellant Ram

                   Prit Rajak is dead and the death certificate of the appellant is

                   annexed with the said report.

                               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.370 of 2008(8) dt.26-05-2026
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          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 appellant has since expired during

          the pendency of the present appeal and the conviction sought to

          be assailed pertains to the year 2008, 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.

                       3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.370 of 2008(8) 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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