Patna High Court
SUKHDEV TANTIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated due to the appellant's death and the discretionary fine was set aside.
Summary
The appellant, Sukhdev Tanti, died while his criminal appeal against a conviction under Section 302 IPC was pending. The court examined a police letter confirming his death and applied Section 394 of the Code of Criminal Procedure (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative files an application. Relying on precedents that a fine imposed with a Section 302 conviction is discretionary, the court held that the fine could not be enforced. Consequently, the fine order was set aside and the appeal was disposed of as fully abated. The trial court records were ordered to be sent back to the lower court.
Issues considered
- Does the death of an appellant, without an application by a near relative, abate a criminal appeal under Section 394 CrPC?
- Is the fine imposed on conviction under Section 302 IPC mandatory or discretionary?
- Can a discretionary fine be set aside when the appellant has died?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- death of appellant
- abated appeal
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- Section 302 IPC
- discretionary fine
- criminal appeal
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.790 of 2011
======================================================
Sukhdev Tanti, Son of Late Dukh Bhanjan Tanti, Resident of Village-Bariyahi
Tola, Safabad, Police Station-Bangawn, District-Saharsa.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Tej Narayan Singh, Advocate
For the Respondent/s : Mr. Ajay Mishra, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 26-05-2026 Perused the Letter No. 421 dated 05.05.2026 of the
Superintendent of Police, Saharsa along with the Report dated
04.05.2026 of the Sub-Inspector of Police, Bangawn Police
Station, Saharsa, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Sukhdev Tanti, 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.790 of 2011(4) 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 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.
Patna High Court CR. APP (DB) No.790 of 2011(4) 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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