Patna High Court
Dharmendra Mahto @ DharoversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal was abated due to the appellant's death, the discretionary fine was set aside, and the appeal was disposed in its entirety.
Summary
The appellant, Dharmendra Mahto, was convicted under Section 302 IPC and appealed the conviction and sentence. While the appeal was pending, a police letter confirmed that the appellant had died. No near relative filed an application under Section 394 of the CrPC (or Section 435 of the Bharatiya Nagarik Suraksha Sanhita) to continue the appeal. Relying on established case law that a fine is discretionary and not mandatory, the Court set aside the fine imposed by the trial court. Since the appellant’s death abates the imprisonment portion of the sentence, the appeal was deemed wholly abated and disposed. The trial court records were ordered to be sent back to the lower court.
Issues considered
- The effect of the appellant's death on a pending criminal appeal under CrPC Section 394 and the Bharatiya Nagarik Suraksha Sanhita Section 435.
- Whether a discretionary fine imposed on conviction can be set aside when the appellant dies before the appeal is decided.
- Whether the appeal can proceed without a relative's application for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- appellant death
- abated appeal
- discretionary fine
- Section 302 IPC
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita Section 435
- sentencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.932 of 2014
Arising Out of PS. Case No.-73 Year-2008 Thana- KASIMBAZAR District- Munger
======================================================
Dharmendra Mahto @ Dharo, Son of Jageshwar Mahto Resident of Velwa
Ghat, Police Station Kashim Bazar, District- Munger, Bihar.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjeev Ranjan, 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)
5 26-05-2026 Perused the Letter No. 194 dated 14.02.2026 of the
Superintendent of Police, Munger along with the Report dated
08.02.2026 of the Police Inspector-cum-S.H.O, Kasim Bazar
Police Station, Munger, wherein it is indicated that during
enquiry it came to light that the appellant, namely, Dharmendra
Mahto @ Dharo, 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.932 of 2014(5) 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 2014, 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.932 of 2014(5) 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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