Patna High Court
DHYANI YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates upon the death of the sole appellant, and the fine imposed under Section 302 IPC is discretionary and may be set aside.
Summary
The appellant, Dhyia Yadav, filed a criminal appeal against his conviction under Section 302 of the IPC, which included a term of imprisonment and a fine. While the appeal was pending, the appellant died, and a death certificate was produced. The Court examined Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and held that an appeal abates upon the death of the sole appellant unless a near relative seeks to continue it. Relying on precedents that the fine imposed for a Section 302 conviction is discretionary, the Court noted that the State did not intend to recover the fine. Consequently, the fine order was set aside and the appeal was disposed of as fully abated. The trial court records were ordered to be sent back to the lower court.
Issues considered
- Does the death of a sole appellant cause the criminal appeal to abate under the CrPC?
- Is the fine imposed under a conviction for murder (Section 302 IPC) mandatory or discretionary?
- Can the fine be set aside when the State does not intend to recover it?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- appeal abatement
- death of appellant
- discretionary fine
- IPC 302
- Criminal Procedure
- sentencing
- fine remission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.464 of 2005
======================================================
Dhyani Yadav, son of Late Bachchan Yadav, Resident of Village-Mansara,
Police Station-Ghanshyampur, District-Darbhanga.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anjani Kumar Sinha, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
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. 723 dated 16.05.2026 of the
Senior Superintendent of Police, Darbhanga along with the
report of Sub Inspector of Police, Ghanshyampur Police Station,
Darbhanga dated 15.05.2026, wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Dhyani
Yadav has died and the death certificate of the appellant is
annexed with the said report.
2. In view of the said letters 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.464 of 2005(3) 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
-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 2005, 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.464 of 2005(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 case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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