Patna High Court

ANUJ YADAV @ KANBUCHHAversusTHE STATE OF BIHAR

Decided: 26 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal is abated in its entirety, the discretionary fine is set aside, and the imprisonment sentence is extinguished due to the appellant's death.

Summary

The appellant, Anuj Yadav, was convicted under Section 302 of the IPC and appealed the conviction and sentence. During the pendency of the appeal, the appellant died, as confirmed by a police letter. Under Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if no near relative files an application for leave to continue it. The Court noted that the fine imposed by the trial court is discretionary and, with the State not seeking its recovery, set aside the fine. Since the appellant’s death also extinguishes the imprisonment sentence, the appeal was disposed of as fully abated.

Issues considered

Does the death of an appellant during pendency of an appeal automatically abate the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?
Can the fine imposed in a conviction under Section 302 IPC be set aside as it is discretionary?
What is the effect of the appellant’s death on the imprisonment portion of the sentence?

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
Bharatiya Nagarik Suraksha Sanhita
sentencing

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.750 of 2011
                 ======================================================
                 Anuj Yadav @ Kanbuchha, S/O Sri Mahendra Yadav Yadubansh
                 Nagar,Bharatkhand Ps.Parbatta Distt-Khagaria.


                                                                          ... ... Appellant/s

                                                  Versus

                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Abhay Kumar Singh, 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)

5   26-05-2026                   Perused the Letter No. 552 dated 04.05.2026 of the

                   Superintendent of Police, Khagaria along with the Report dated

                   03.05.2026 of the S.H.O, Bharatkhand Police Station, Khagaria,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Anuj Yadav @ Kanbuchha, 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

                   continue the appeal and having regard to the settled position of
Patna High Court CR. APP (DB) No.750 of 2011(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

          -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 2011, 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.750 of 2011(5) dt.26-05-2026
                                                     3/3




                   concerned court immediately, if not required in any other cases.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U

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