Patna High Court
BABAN CHAUDHARYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death, the discretionary fine was set aside, and the imprisonment sentence was deemed abated.
Summary
The appellant Baban Chaudhary appealed a conviction under Section 302 IPC, but died during the pendency of the appeal. Police reports and a death certificate confirmed his death. Under Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), no near relative filed an application to continue the appeal. The Court noted that the fine imposed on conviction is discretionary, citing Santosh Kumar Baranwal v. State of UP and Gopala Balu Kamble v. State of Maharashtra. Consequently, the fine was set aside and, because the appellant 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 under CrPC Section 394 and the Bharatiya Nagarik Suraksha Sanhita.
- Whether the fine imposed under a conviction for murder (Section 302 IPC) should be retained or set aside upon the appellant's death.
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
- Section 302 IPC
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- criminal sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.544 of 2010
======================================================
Baban Chaudhary, son of Pateya Chaudhary, R/O- Vill.-Gopalapur, P.S.-
Siwan (Muf.), Dist.-Siwan
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Suman Kumar Mishra, Advocate
For the Respondent : Mr. Sujit Kumar Singh, 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 17.05.2026 of the
Superintendent of Police, Siwan along with the report dated
05.05.2026 of the Police Inspector-cum-S.H.O., Mufassil Police
Station, Siwan, which indicate that the sole appellant Baban
Chaudhary is dead and the death certificate of the appellant is
annexed with the said report.
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.544 of 2010(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 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.544 of 2010(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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