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Patna High Court

BIKAU NONIA and ANRversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abated due to the death of the appellants, and the discretionary fine was set aside.

Summary

The appellants, Bikau Nonia and Lal Mohan Bind, appealed their conviction under Section 302 of the IPC. While the appeal was pending, both appellants died, as confirmed by police reports. No near relative filed an application for leave to continue the appeal under Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The Court noted that the fine imposed by the trial court is discretionary and not mandatory, citing precedents. Consequently, the fine was set aside and, because the appellants had died, the imprisonment sentence was deemed abated. The appeal was therefore disposed of as having abated in its entirety.

Issues considered

  • Whether an appeal can continue after the death of the appellant when no relative seeks leave to proceed.
  • Whether the fine imposed in a conviction under Section 302 IPC is mandatory or discretionary.
  • What is the effect of the appellant's death on the imprisonment sentence?

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • discretionary fine
  • Section 302 IPC
  • Criminal Procedure
  • sentence abatement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.506 of 2009
                 ======================================================
                 1. Bikau Nonia, son of Late Jagannath Nonia
                 2. Lal Mohan Bind @ Lal Mohar Bind, son of Late Gaya Bind
                 Both are resident of Village- Machawar, P.S.- Sheosagar, District- Rohtas

                                                                                  ... ... Appellants

                                                      Versus

                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellants    :         Mr. Bajarangi Lal, 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)

3   26-05-2026                 Perused     the     report      dated   11.05.2026        of    the

                   Superintendent of Police, Rohtas along with the report dated

                   07.05.2026 of the Police Inspector-cum-S.H.O., Sheosagar

                   Police Station, Rohtas, which indicate that both the appellants

                   Bikau Nonia and Lal Mohan Bind @ Lal Mohar Bind are 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

                   continue the appeal and having regard to the settled position of
Patna High Court CR. APP (DB) No.506 of 2009(3) 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 appellants have since expired during

          the pendency of the present appeal and the conviction sought to

          be assailed pertains to the year 2009, 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 appellants, 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.506 of 2009(3) 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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