Patna High Court
Jagarnath Pandey and AnrversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated in its entirety; the fine order is set aside and the imprisonment sentence is extinguished due to the death of the appellants.
Summary
The appellants Jagarnath Pandey and Chinta Devi filed a criminal appeal against a conviction under Section 302 IPC, which included imprisonment and a fine. While the appeal was pending, both appellants died, as confirmed by a police letter. The Court examined Section 394 of the Code of Criminal Procedure (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which provides that an appeal abates on the death of the appellant unless a near relative seeks leave to continue. Relying on the decisions in Santosh Kumar Baranwal v. State of UP and Gopala Balu Kamble v. State of Maharashtra, the Court held that the fine is discretionary and may be set aside. Consequently, the fine imposed by the trial court was vacated and the appeal was disposed as fully abated, with the imprisonment sentence also extinguished due to the appellants' demise.
Issues considered
- Does the death of an appellant automatically abate a criminal appeal under Section 394 CrPC/Section 435 BNS Act when no relative applies for leave to continue?
- Is the fine imposed under a conviction for murder (Section 302 IPC) discretionary and subject to being set aside?
- What is the effect of the appellant's death on the imprisonment component 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
- sentencing
- abated appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.907 of 2015
Arising Out of PS. Case No.-221 Year-2012 Thana- GOVINDGANJ District- East
Champaran
======================================================
1. Jagarnath Pandey, Son of Late Gena Pandey
2. Chinta Devi, Wife of Jagarnath Pandey, Both are residents of village -
Babhnauli, Police Station - Govindganj, District - East Champaran
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Binay 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)
4 26-05-2026 Perused the Letter No. 245 dated 08.02.2026 of the
Superintendent of Police, East Champaran (Motihari) along with
the Report dated 06.02.2026 of the Police Inspector-cum-S.H.O,
Govindganj Police Station, East Champaran, wherein it is
indicated that during enquiry it came to light that the appellants,
namely, Jagarnath Pandey and Chinta Devi, 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
continue the appeal and having regard to the settled position of
Patna High Court CR. APP (DB) No.907 of 2015(4) 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 appellants have since
expired during the pendency of the present appeal and the
conviction sought to be assailed pertains to the year 2015, 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 2015(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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