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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

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
                                            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

          -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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