Patna High Court
TRIVENI SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death and the fine order was set aside as discretionary.
Summary
The appellant, Triveni Singh, appealed a conviction under Section 302 IPC and a fine imposed by the trial court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and report. The court examined Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which provides that an appeal abates upon the death of the appellant if no relative seeks its continuation. Relying on precedents that the fine on a Section 302 conviction is discretionary, the court set aside the fine order. Since the imprisonment sentence also ceased with the appellant's death, the appeal was disposed as fully abated and the trial court records were ordered to be sent back.
Issues considered
- Does an appeal abate upon the death of the appellant under Section 394 CrPC/Section 435 BNS Act?
- Is the fine imposed on conviction under Section 302 IPC mandatory or discretionary?
- Can the fine be set aside when the appellant has died?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- criminal appeal
- death of appellant
- abatement
- fine
- Section 302 IPC
- discretionary fine
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.424 of 2011
======================================================
Triveni Singh, S/O Late Nageshwar Singh, R/O Village - Taradih, P.S.
Barahat, District - Banka
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajib Ranjan Jha, 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. 991 dated 14.05.2026 of the
Superintendent of Police, Banka along with the Report dated
13.05.2026 of the Assistant Sub-Inspector of Police, Barahat
Police Station, Banka, wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Triveni
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.424 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.424 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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