Patna High Court
RAM CHANDER TIWARY and ANRversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the death of the appellants, and the fine imposed by the trial court was set aside.
Summary
The appellants Ram Chander Tiwary and Kameshwar Tiwary filed a criminal appeal challenging their conviction and fine under Section 302 IPC. While the appeal was pending, both appellants died, as confirmed by police reports and death certificates. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) regarding the continuation of appeals after a party's death. Relying on precedents that a fine in a murder conviction is discretionary, the Court set aside the fine imposed by the trial court. Since the death of the appellants extinguished the sentence of imprisonment, the appeal was held to have abated in its entirety and was disposed of.
Issues considered
- Whether a criminal appeal can continue when the appellant has died
- Whether the fine imposed under a conviction for murder can be set aside on the appellant's death
- Effect of the appellant's death on the sentence of imprisonment
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
- abated appeal
- fine discretion
- IPC 302
- CPC 394
- NSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.508 of 2009
======================================================
1. Ram Chander Tiwary, son of Late Ram Dahin Tiwary
2. Kameshwar Tiwary, son of Ram Chander Tiwary
Both resident of Village- Bishupur, P.S.- Shahpur, District- Bhojpur
... ... Appellants
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellants : Mr. Prabhat Kumar Singh, 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 14.05.2026 of the
Superintendent of Police, Bhojpur, Ara along with the report
dated 14.05.2026 of the S.H.O., Karnamepur Police Station,
Bhojpur, Ara, which indicate that both the appellants Ram
Chander Tiwary and Kameshwar Tiwary are dead and the death
certificates of the appellants are annexed with the said reports.
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.508 of 2009(3) dt.26-05-2026
2/3
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 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.508 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.