Patna High Court
SAGHIR AHMADversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated in its entirety due to the appellant's death, and the fine order is set aside.
Summary
The appellant, Saghir Ahmad, was convicted under Section 302 of the IPC and sentenced to imprisonment and a fine. While the appeal was pending, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application to continue the appeal. Relying on Section 394 of the CPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita) and the settled law that a fine in a murder conviction is discretionary, the Court set aside the fine order. Since the appellant’s death abates the imprisonment portion of the sentence, the Court held that the appeal is wholly abated and disposed. The trial court records were ordered to be sent back to the lower court.
Issues considered
- The effect of the death of an appellant on a pending criminal appeal
- Whether a fine imposed in a conviction under Section 302 IPC can be set aside upon the appellant's death
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
- Indian Penal Code — s. 302
Subjects
- criminal appeal
- death of appellant
- abated proceedings
- fine discretion
- Section 302 IPC
- CPC 394
- Bharatiya Nagarik Suraksha Sanhita 435
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.841 of 2011
======================================================
Saghir Ahmad, S/O Late Abdul Rahman, Resident Of Siwan Watch Shop,
Near Bata More Siwan, P.S-Town Siwan, District-Siwan
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravi Bhushan Verma, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
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. 611 dated 17.05.2026 of the
Superintendent of Police, Siwan, along with the Report dated
15.05.2026 of the Police Inspector-cum-S.H.O., Town Police
Station, Siwan as well as the Death Certificate dated 24.11.2018
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,
Saghir Ahmad, 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.841 of 2011(4) 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 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
Patna High Court CR. APP (DB) No.841 of 2011(4) 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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