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Mohan Patil (Research)     21 September 2010

Is it possible to prove the murder?

 

My mother died 17 years back. At the time of her death I was abroad. My brother and sisters did not give proper medical treatment to her. 17 acres agricultural land was in her name and my mother is not willing to give that land to my brother or sisters. When my mother was ill they did not give her medical treatment rather they convinced that lot of money is required to treat her and took all her money. But still they did not take her to a big hospital. They took her to a big hospital only when she became very serious. My mother died the next day. The reason of death as per the medical certificate is septicemia. My sisters told me that my mother died due to cancer. I have got the medical certificate, cash memo from the hospital which shows date of admit of the patent and date of death. Based on the above evidences is it possible to prove my brother and sisters have murdered my mother with the intention of grabbing her money gold and property. My sisters took all my mothers gold and money.  



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 5 Replies

Anmol Sharma (advocate)     21 September 2010

Dear Mohan ji,

With some little things that I have heard from my Guru, I can tell you one thing that will help you greatly.

In such type of cases you have to create a network of facts from which only one conclusion can be arrived and that is that the persons are guilty of an offence.

No chain of facts should break and reasoable hypothesis points to their guillt.

I hope that you understnad what

i said..

 

thanks..

Anmol.

P.S. if you have any more questions please ask...

Anmol Sharma (advocate)     21 September 2010

also it seems a difficult case to prove...

Mohan Patil (Research)     21 September 2010

my brother and sisters are not professional murderers. What they have done is to grab more property from the parents. So there motivation is clear. For every murder there is a motivation. Just like professional murderers they cannot hide or will be able to tell lie in the court to prove there innocency if there motivation is really to get benefit out of death of my mother then that can be proved easily by a good criminal lawyer. As far as the definition of murder is concerned. it is the cold blooded murder or first degree murder. my sisters are telling that my mother has a cancer but they did not take her to cancer hospital. They did not conduct any tests to prove it is cancer. They did not take her to any big hospital to treat until she became very serious. And lastly my mother did not die of cancer at all. If my sisters and brother tell in the court that my mother died of cancer and if I prove she did not die of cancer but by simple disease like food poisoining that would have been treated if taken to hospital early than that proves the murder. 

Please comment.

Democratic Indian (n/a)     22 September 2010

Law is nothing but strong logic that has been codified. Try to ask yourself the questions that court may ask and your opponents may say.

"When my mother was ill they did not give her medical treatment" Is this your personal belief based on your personal thinking and perception? How do you prove it to be truth?

Many people are not able to provide treatment due to ignorance about the presence of desease, severerity of desease and lack of knowledge about correct place where proper treatment can be availed. Ignorance about a desease or its treatment is not a crime. 

"rather they convinced that lot of money is required to treat her and took all her money."

How do you prove that money was taken by misleading her and she did not give it according to her free will. Even if you prove this, how does it prove that motive was murder and not just money.

"But still they did not take her to a big hospital."

All people do not always take the patients to big hospitals. If someone does not take anyone to "big" hospital it hardly proves anything about motive of murder.

"They took her to a big hospital only when she became very serious"

How do you prove it? Also many questions arise even if you prove it. Did they not take her out of ignorance about severity of situation? Did they come to know only when she became serious? Even if they took her to hospital when she became serious, it shows that they tried to save her to the best of their understanding.

"The reason of death as per the medical certificate is septicemia. My sisters told me that my mother died due to cancer."

Ignorance about the name of disease or being misinformed is not a crime in itself.

I have got the medical certificate, cash memo from the hospital which shows date of admit of the patent and date of death.

These documents by themselves prove nothing more than what they say.

If you feel strongly about the matter as stated by you, you can get in touch with an honest and good criminal lawyer instead.


 

 

Mohan Patil (Research)     22 September 2010

I thank both Anmol Sharma and Democratic Indian for answering my questions and for giving very useful hints. The main symptom of my mother was water filling in the stomach. They showed her only to a local doctor. My mother is not in a position to take food and water. How a long a person can survive without water? My sisters husband are all qualified although my sisters are not qualified. They all go to big hospital for even less serious diseases. Moreover big hospitals are not far away from my place. They are just 20 km away. Any way I will thank you again and any further feedback is welcome. 


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