Patna High Court
MAHESH RAMversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated due to the appellant's death, and the discretionary fine imposed by the trial court is set aside.
Summary
Mahesh Ram appealed his conviction under Section 302 IPC, which included a fine, but died during the pendency of the appeal. The High Court examined the reports confirming his death and applied Section 394 of the CrPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which provides that an appeal abates upon the death of the appellant. Relying on precedents that the fine in a murder conviction is discretionary, the Court set aside the trial court's fine order. Since the appellant was deceased, the imprisonment sentence was deemed abated, and the appeal was disposed of in its entirety. The trial court record was ordered to be sent back to the lower court.
Issues considered
- Does the death of an appellant during pendency of a criminal appeal abate the appeal under Section 394 CrPC/Section 435 BNS Sanhita?
- Is the imposition of a fine in a conviction under Section 302 IPC discretionary and subject to set‑aside upon abatement?
- What procedural steps follow when an appeal is abated due to 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
- abatement
- death of appellant
- fine discretion
- Section 302 IPC
- Section 394 CrPC
- Section 435 BNS Sanhita
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.735 of 2008
======================================================
Mahesh Ram, son of Late Ram Chandra Ram, resident of Village- Desri,
Police Station Desri, District- Vaishali
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Arbind Kr.Singh 1, 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)
5 26-05-2026 Perused the report dated 12.05.2026 of the
Superintendent of Police, Vaishali along with the report dated
11.05.2026 of the A.S.H.O., Desari Police Station, Vaishali,
which indicate that the sole appellant Mahesh Ram 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.735 of 2008(5) 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 2007, 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.735 of 2008(5) 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)
shailendra/-
U
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