Patna High Court

SANTAN SINGHversusTHE STATE OF BIHAR

Decided: 26 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal was abated due to the appellant's death, the discretionary fine was set aside, and the imprisonment sentence was deemed extinguished.

Summary

The appellant Santan Singh, convicted under Section 302 of the IPC, appealed his sentence. During the pendency of the appeal, he died, as confirmed by police reports and a death certificate. Under Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), and because no near relative applied to continue the appeal, the court considered the effect of his death on the pending appeal. Citing precedents that a fine in a Section 302 conviction is discretionary, the court set aside the fine imposed by the trial court. The imprisonment portion of the sentence was deemed abated due to the appellant's demise, and the appeal was disposed of as fully abated.

Issues considered

The effect of the appellant's death on a pending criminal appeal
Whether a fine imposed under a conviction for murder is mandatory or discretionary
The applicability of CrPC Section 394 (and its equivalent in the Bharatiya Nagarik Suraksha Sanhita) to abate an appeal
The requirement, if any, for a relative to apply for continuation of the appeal after 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
CrPC Section 394
sentencing

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.661 of 2010
                 ======================================================
                 Santan Singh, S/O Gobardhan Singh, R/O Vill- Luka, P.S- Rafiganj (Pauthu),
                 Distt- Aurangabad.

                                                                               ... ... Appellant

                                                  Versus

                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :      Mr. Manish Kumar -3, Advocate
                 For the Respondent    :      Smt. Shashi Bala Verma, 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 14.05.2026 of the Deputy

                   Superintendent of Police (Mu0-01), Aurangabad along with the

                   report dated 13.05.2026 of the S.H.O., Pauthu Police Station,

                   Aurangabad, which indicate that the sole appellant Santan Singh

                   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.661 of 2010(3) dt.26-05-2026
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          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.661 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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