Patna High Court
SHEORAJ MANJHI @ LANGRAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated on the appellant's death and the discretionary fine was set aside, resulting in the disposal of the appeal.
Summary
Sheoraj Manjhi was convicted under Section 302 of the IPC and a fine was imposed by the trial court. While the appeal was pending, the appellant died, as confirmed by police reports. No near relative filed an application for leave to continue the appeal, invoking Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The court noted that the fine under a Section 302 conviction is discretionary, citing precedents from Allahabad and Bombay High Courts. Consequently, the fine order was set aside and the imprisonment sentence was deemed abated due to the appellant's death, leading to the disposal of the appeal as abated.
Issues considered
- Does the death of an appellant during pendency of an appeal, without a relative filing an application for leave, abate the appeal under Section 394 CrPC/Section 435 BNSS?
- Is the imposition of a fine in a conviction under Section 302 IPC discretionary and subject to being set aside?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- death of appellant
- abated appeal
- Section 302 IPC
- discretionary fine
- CrPC Section 394
- BNSS Section 435
- conviction
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.437 of 2010
======================================================
Sheoraj Manjhi @ Langra, S/O Sanhu Manjhi R/O Vill.-Belapur Gaddi
Tola,P.S.-Fulwariya, Dist.-Gopalganj.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Raghav Prasad, 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)
5 26-05-2026 Perused the report dated 04.05.2026 of the
Superintendent of Police, Gopalganj along with the report dated
02.05.2026 of the S.H.O., Shripur Police Station, Gopalganj,
which indicate that the sole appellant Sheoraj Manjhi @ Langra
is dead.
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
Patna High Court CR. APP (DB) No.437 of 2010(5) dt.26-05-2026
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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
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 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 appellant, the present appeal is disposed of as
having abated in its entirety.
Patna High Court CR. APP (DB) No.437 of 2010(5) dt.26-05-2026
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3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
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