Patna High Court
BISHWANATH SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates upon the appellant's death, and the discretionary fine imposed under the murder conviction is set aside.
Summary
The appellant Bishwanath Singh, convicted under Section 302 of the IPC and sentenced to imprisonment with a fine, died during the pendency of his criminal appeal. The court examined the death certificate and relevant police reports, and applied Section 394 of the Code of Criminal Procedure (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Relying on precedents that a fine in a murder conviction is discretionary, the court set aside the trial court's fine order. Since the appellant had died, the imprisonment portion of the sentence was deemed abated, and the appeal was disposed of as fully abated. The trial court records were ordered to be returned to the lower court.
Issues considered
- Whether the death of an appellant during the pendency of a criminal appeal abates the appeal.
- Whether the fine imposed under a conviction for murder is mandatory or discretionary.
- Whether the trial court's order imposing a fine should be set aside in view of 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
- Section 302 IPC
- fine discretion
- CPC 394
- BNSS 2023
- conviction
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.558 of 2001
======================================================
Bishwanath Singh, Son of Late Mohan Singh, Resident of Village-Bhadai,
Police Station-Barharia, District-Siwan.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jharkhandi Upadhyay, 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., Barharia Police Station, Siwan dated
16.05.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Bishwanath Singh has died.
Certificate of death of the appellant issued by Sarpanch of Gram
Panchayat Raj, Hardobra, Circle-Barharia, Siwan 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.558 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.558 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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