KHEDU MOHTON AND ORS. vs STATE OF BIHAR

The Supreme Court held that under Section 431 of the Code of Criminal Procedure, an appeal against acquittal does not abate upon the death of the complainant, and the High Court is obligated to decide the appeal on its merits. The Court overruled the precedent set in Thothan v. Murugan, A.I.R. 1958 Mad. 624, establishing that unless the acquittal is based on a palpably wrong conclusion or erroneous law, the acquittal should be upheld. In this case, the High Court's interference with the acquittal was deemed erroneous due to unreliable prosecution witnesses and false explanations for delays, leading to the reinstatement of the acquittal.