Patna High Court
SINGESHWAR PRASAD YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death, the fine order was set aside, and the appeal was disposed of in its entirety.
Summary
The appellant, Singeshwar Prasad Yadav, was convicted under Section 302 of the Indian Penal Code and a fine was imposed by the trial court. While the appeal was pending, the appellant died, as confirmed by police reports. Under Section 394 of the Code of Criminal Procedure (and the corresponding Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), no near relative filed an application to continue the appeal. The Court, relying on precedents that a fine under Section 302 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 in its entirety, and the trial court records were ordered to be sent back.
Issues considered
- The effect of the appellant's death on a pending criminal appeal under CrPC Section 394.
- Whether a fine imposed upon conviction under Section 302 IPC is mandatory or discretionary.
- Whether the appeal can proceed without a relative's application for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- criminal appeal
- appellant death
- abated appeal
- Section 302 IPC
- discretionary fine
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- abeyance of proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.769 of 2010
======================================================
Singeshwar Prasad Yadav, Son of Late Mangan Yadav, resident of village
Nawada, P.S. Sultanganj, District – Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Praveen Kumar, 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. 979 dated 06.05.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
Report dated 05.05.2026 of the Assistant Superintendent of
Police-cum-S.H.O, Sultanganj Police Station, Bhagalpur,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Singeshwar Prasad 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,
since no near relative has filed any application for leave to
Patna High Court CR. APP (DB) No.769 of 2010(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.769 of 2010(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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