Patna High Court
RAM NAGINA SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death, the fine order was set aside, and the appeal was disposed of in its entirety.
Summary
The appellant Ram Nagina Singh appealed a conviction under IPC 302 for which a fine had been imposed. While the appeal was pending, the appellant died, as evidenced by a death certificate and police reports. Under Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), no near relative filed an application to continue the appeal. The Court, relying on precedents that a fine is discretionary and not mandatory, noted that the State did not intend to recover the fine. Consequently, the Court set aside the fine order and held that the appeal abated due to the appellant’s death, disposing of the appeal in its entirety.
Issues considered
- The effect of the appellant's death on a pending criminal appeal.
- Whether a discretionary fine imposed on conviction can be set aside when the appellant has died and the State does not seek recovery.
- The applicability of Section 394 CrPC (now Sec 435 B.N.S.) regarding abatement of appeals.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- criminal appeal
- abatement
- death of appellant
- discretionary fine
- IPC 302
- CrPC 394
- B.N.S. 435
- sentencing
- conviction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.532 of 2001
======================================================
Ram Nagina Singh, Son of Late Indrasan Singh, Resident of Village-Badyon
Police Station-Badharia, District-Siwan.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashutosh Kumar, 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. 606 dated 17.05.2026 of the
Superintendent of Police, Siwan along with the report of Police
Inspector cum S.H.O., Badharia Police Station, Siwan dated
16.05.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Ram Nagina Singh has died.
Death certificate of the appellant issued by Directorate of
Statistics and Evaluation, Government of Bihar, has also been
enclosed with the said reports.
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
continue the appeal and having regard to the settled position of
Patna High Court CR. APP (DB) No.532 of 2001(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
-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 2001, 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.
3. Let the trial court records be sent back to the
Patna High Court CR. APP (DB) No.532 of 2001(3) dt.26-05-2026
3/3
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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