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Patna High Court

RAM ADHIN SINGH and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The fine under Section 302 IPC is discretionary, and with the death of the appellants, the sentence abates and the fine is set aside.

Summary

The appellants, Ram Adhin Singh and Ram Dhyan Singh, were convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment with a fine. While the appeal was pending, both appellants died, as confirmed by police reports and death certificates. The State indicated it would not pursue recovery of the fine. The Court examined the legal position that a fine under Section 302 is discretionary, not mandatory, citing precedents from the Allahabad and Bombay High Courts. Considering the appellants' demise, the Court held that the imprisonment sentence is abated and set aside the fine imposed by the trial court. Consequently, the appeal was disposed of as having abated in its entirety.

Issues considered

  • Whether the fine imposed under Section 302 IPC is mandatory or discretionary.
  • Effect of the death of an appellant on a pending criminal appeal and sentence.
  • Whether a criminal appeal abates upon the death of the appellant.

Legislation cited

Subjects

  • criminal appeal
  • death of appellant
  • abated appeal
  • fine discretion
  • Section 302 IPC
  • sentencing
  • CPC
  • BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.656 of 2008
                 ======================================================
                 1. Ram Adhin Singh, son of Late Sumeshwar Singh
                 2. Ram Dhyan Singh, son of Late Sumeshwar Singh
                 Both Resident of Village- Barki Kulharia, P.S.- Mohania, District- Kaimur at
                 Bhabhua

                                                                               ... ... Appellants

                                                     Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellants    :         Mr. Tej Narayan Singh, 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   30.04.2026      of    the

                   Superintendent of Police, Kaimur (Bhabhua) along with the

                   report dated 29.04.2026 of the Assistant Sub-Inspector of

                   Police-cum-S.H.O., Mohania Police Station, Kaimur (Bhabhua),

                   which indicate that both the appellants Ram Adhin Singh and

                   Ram Dhyan Singh 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
Patna High Court CR. APP (DB) No.656 of 2008(3) dt.26-05-2026
                                            2/3




          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

          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 appellants have since expired during

          the pendency of the present appeal and the conviction sought to

          be assailed pertains to the year 2008, 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.
           Patna High Court CR. APP (DB) No.656 of 2008(3) dt.26-05-2026
                                                       3/3




                                  3. Let the trial court record be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U


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