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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
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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