Patna High Court
SITA RAM SAHNIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates upon the death of the appellant, and the discretionary fine is set aside, resulting in the complete abatement of the appeal.
Summary
The appellant, Sita Ram Sahni, was convicted under Section 302 IPC and appealed the conviction. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates upon the death of the appellant unless a near relative applies for leave to continue. No relative filed such an application. Relying on precedents that a fine imposed on conviction is discretionary, the court set aside the fine and held that the imprisonment sentence also abated due to the appellant's death. Consequently, the appeal was disposed of as having abated in its entirety.
Issues considered
- Does the death of an appellant during the pendency of an appeal automatically abate the appeal under the applicable procedural law?
- Can a discretionary fine imposed on conviction be set aside when the appellant dies?
- What is the effect of the appellant's death on the imprisonment sentence awarded by the trial court?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- death of appellant
- abatement
- discretionary fine
- IPC 302
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita Section 435
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.733 of 2004
======================================================
Sita Ram Sahni, Son of Late Gaya Sahani, Resident of Village-Sonaki, Police
Station-Sadar, District-Darbhanga.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Suman Kumar, 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)
8 26-05-2026 Perused the Letter No. 720 dated 16.05.2026 of the
Senior Superintendent of Police, Darbhanga along with the
report of S.H.O., Sonki Police Station dated 16.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Sita Ram Sahni has died. Certificate of death
of the appellant issued by Mukhiya of Gram Panchayat Raj,
Sonki, Block-Sadar, Darbhanga 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.733 of 2004(8) 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
-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 2004, 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.733 of 2004(8) dt.26-05-2026
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concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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