Patna High Court
NAVIN CHOUHANversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death and the fine order was set aside.
Summary
Navin Chouhan was convicted under Section 302 of the Indian Penal Code and a fine was imposed by the trial court. While his criminal appeal was pending, the appellant died, as confirmed by a police letter and report. No near relative filed an application for leave to continue the appeal under Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita). The High Court, relying on precedents that a fine in a Section 302 conviction is discretionary, set aside the fine order and held that the appeal abated due to the appellant's death. Consequently, the appeal was disposed of as having abated in its entirety and the trial court records were to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under the relevant procedural provision.
- Whether the fine imposed under a conviction for murder (Section 302 IPC) should be set aside when the appellant dies before the appeal is decided.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- appeal abatement
- death of appellant
- discretionary fine
- Section 302 IPC
- Criminal Procedure
- sentencing
- abated appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.74 of 2011
======================================================
Navin Chouhan, S/O Late Panguri Chouhan, R/O Village-Shyampur Dhaka,
P.S.-Shambhuganj, Distt.-Banka
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Mukherjee, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-05-2026 Perused the Letter No. 984 dated 11.05.2026 of the
Superintendent of Police, Banka along with the Report dated
10.05.2026 of the Sub-Inspector of Police, Shambhuganj Police
Station, Banka, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Navin Chouhan, is
dead.
2. In view of the said letter 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.74 of 2011(3) dt.26-05-2026
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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
-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 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.
Patna High Court CR. APP (DB) No.74 of 2011(3) dt.26-05-2026
3/3
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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