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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

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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