Delhi court acquits husband in attempt to murder case after wife dies before testifying
A Delhi court has acquitted a man accused of attempting to murder his wife, saying that the prosecution failed to prove its case after the complainant died before she could testify during the trial.
Principal District and Sessions Judge Sanjay Sharma was hearing a case against Abhinesh Tripathi alias Rahul, who was accused of attempting to murder his wife Rashmi in 2021.
In an order dated July 6, 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 stemmed from a complaint lodged by Rashmi in April 2021, alleging that her husband assaulted her after she refused to speak to an unknown person at his insistence. She initially alleged that he beat her with a hockey stick and threatened to kill her.
An FIR was registered against Tripathi under the charges of IPC Sections 307 (attempt to murder), 323 (voluntarily causing hurt), 341 (wrongful restraint) and 506 (criminal intimidation).
During treatment at the hospital, Rashmi gave a supplementary statement alleging that the accused, who had returned home intoxicated, threw her from the third floor of their house while threatening to kill her, following which the charge of attempt to murder was added.
During the trial, however, the summonses issued to Rashmi were returned unserved as she had left her rented accommodation. Her father later informed 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.
