Patna High Court
Sachidanand YadavversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death, and the fine order was set aside as discretionary and unenforceable.
Summary
The appellant, Sachidanand Yadav, died while his criminal appeal against a conviction under Section 302 IPC was pending. The court examined a letter confirming his death and applied Section 394 of the Code of Criminal Procedure (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita) which provides that an appeal abates if the appellant dies and no near relative seeks its continuation. The court also considered precedent that the fine imposed for an IPC 302 conviction is discretionary, not mandatory, as held in Santosh Kumar Baranwal v. State of UP and Gopala Balu Kamble v. State of Maharashtra. Since the State did not intend to recover the fine and the appellant was deceased, the fine order was set aside. Consequently, the appeal was disposed of as fully abated.
Issues considered
- Does an appeal abate upon the death of the appellant when no near relative applies for its continuation under Sec 394 CrPC?
- Is the fine imposed for a conviction under Sec 302 IPC mandatory or discretionary?
- Can the court set aside the fine order 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
- appeal abatement
- death of appellant
- discretionary fine
- IPC 302
- CrPC Section 394
- criminal procedure
- sentencing
- fine remission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.74 of 2013
Arising Out of PS. Case No.-109 Year-1988 Thana- CHAUSA District- Madhepura
======================================================
Sachidanand Yadav Son Of Late Madan Yadav Resident Of Village
Bhatgama, P.S. Chousa, District - Madhepura
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Praveen Kumar Agrawal, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, 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 Letter No. 196 dated 08.02.2026 of the
Superintendent of Police, Madhepura as well as the Death
Certificate, which was issued by the Department of Planning
and Development, Government of Bihar; wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Sachidanand Yadav, 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,
Patna High Court CR. APP (DB) No.74 of 2013(3) dt.26-05-2026
2/3
since no near relative has filed any application for leave to
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 2013, 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
Patna High Court CR. APP (DB) No.74 of 2013(3) dt.26-05-2026
3/3
appeal is disposed of as having abated in its entirety.
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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