Patna High Court
MANAGER CHAUDHARY and ANR.versusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The fine order is set aside as discretionary and the appeal is abated due to the death of the appellants.
Summary
The appellants, Manager Chaudhary and Moti Chaudhary, were convicted under Section 302 of the IPC and sentenced to imprisonment and a fine. While the appeal was pending, both appellants died, as confirmed by police reports. The Court examined Section 394 of the CPC (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and noted that no relative had applied to continue the appeal. Relying on precedents that a fine under a Section 302 conviction is discretionary, the Court set aside the fine order, noting the State’s decision not to recover it. Since the appellants had died, the imprisonment portion of the sentence was deemed abated, and the appeal was disposed of in its entirety.
Issues considered
- Whether a fine imposed upon conviction under Section 302 IPC is mandatory or discretionary.
- Whether a criminal appeal can continue when the appellant has died.
- What is the effect of the death of the appellant on the pending sentence and fine.
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
- fine discretion
- Section 302 IPC
- abated appeal
- CPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.907 of 2011
======================================================
1. Manager Chaudhary, son of Late Sadhu Chaudhary
2. Moti Chaudhary son of Late Sundar Chaudhary
Both resident of Village-Barari, Police Station- Gautam Budh Nagar
(Tarwara), District-Siwan.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shambhu Prasad Yadav, 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)
4 26-05-2026 Perused the Letter No. 603 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, G.B. Nagar
Police Station, Siwan, wherein it is indicated that during enquiry
it came to light that the appellants, namely, Manager Chaudhary
and Moti Chaudhary, are 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.907 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 appellants have 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 appellants, the present
appeal is disposed of as having abated in its entirety.
Patna High Court CR. APP (DB) No.907 of 2011(4) dt.26-05-2026
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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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