Court acquits man in wife's attempted murder case after she dies before testimony

Newdelhi,UPDATED: Jul 10, 2026 18:08 IST

A Delhi court has acquitted a man accused of attempting to murder his wife in a 2021 case, saying the prosecution could not prove the charges after the complainant died before she could testify during the trial.

Principal District and Sessions Judge Sanjay Sharma, who was hearing the case against Abhinesh Tripathi alias Rahul, said in an order dated July 6 that the prosecution had failed to establish its case beyond a reasonable doubt. The court noted that the complainant, Rashmi, was the only material witness.

In its order, the court said, "In the present case, the only material witness i.e. complainant/ injured Rashmi has expired and prosecution has not cited any other witness, who can depose regarding any overt act done by the accused."

According to the prosecution, the case began with a complaint lodged by Rashmi in April 2021. She alleged that her husband assaulted her after she refused to speak to an unknown person at his insistence. She initially said that he beat her with a hockey stick and threatened to kill her. An FIR was then registered against Tripathi under IPC Sections 307, 323, 341 and 506.

During treatment at a hospital, Rashmi gave a supplementary statement alleging that the accused had returned home drunk and thrown her from the third floor of their house while threatening to kill her. After this, the charge of attempt to murder was added.

During the trial, summons issued to Rashmi were returned unserved after she left her rented accommodation. Her father later told the court that she had died. He also said that before her death, she had settled all disputes with the accused, obtained a divorce by mutual consent and received alimony of Rs 8 lakh.

The court said Rashmi's testimony could not be recorded and the remaining prosecution witnesses were only formal police witnesses. It held that even if their evidence was accepted, it was not enough to prove the allegations. Observing that the complaint forming the basis of the case remained unproven and that there was no incriminating evidence linking the accused to the offences, the court acquitted Tripathi.

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