Patna High Court
RAM DEO TIWARYversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death, and the fine order was set aside.
Summary
Ram Deo Tiwary was convicted under Section 302 of the IPC and a fine was imposed by the trial court. While his appeal was pending, the appellant died, and no near relative filed an application to continue the appeal. The High Court, relying on Section 394 of the CPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita) and established case law, held that the fine is discretionary and not mandatory. Since the appellant had died, the sentence of imprisonment was deemed abated and the fine order was set aside. Consequently, the appeal was 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 to continue it
- Whether the discretionary fine imposed under a conviction for murder can be 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
- criminal appeal
- death of appellant
- abatement
- discretionary fine
- Section 302 IPC
- sentencing
- CPC Section 394
- appeal abated
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.546 of 2011
======================================================
Ram Deo Tiwary S/O Late Ram Chhapit Tiwary Resident Of Village-
Manjhiawan, P.S.- Charpokhari, District- Bhojpur, Ara
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prabhu Narayan Sharma, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 26-05-2026 Perused the Letter No. 1201 dated 10.05.2026 of the
Superintendent of Police, Bhojpur, Ara along with the Report
dated 10.05.2026 of the Police Inspector-cum-S.H.O,
Charpokhari Police Station, Bhojpur, Ara wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Ram Deo Tiwary, is dead.
2. In view of the said letter 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.546 of 2011(5) 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 2011, 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.546 of 2011(5) 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 cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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