Upgrad LLM

how to prove i am not a murderer of my mom?


Hi,

From last 2 years my mom became quite negative mentally. On 29th march 2015 my mom committed suicide by burning herself.

A lady servant who used to work at our home and she stayed at night, she told us 29th march around 5:30 morning my mom woke up, and she told her, “ go to outside, take these plates and clean these once it completed take a holiday as long as you want no need to come here. Then my mom went to top floor of our house, and did this. We were sleeping at this time, some people were crossing our home they saw the fire, and started shouting, we woke up and saw my mom is gone.

After 7 days i.e. on 5th April, My mom’s brother make FIR that we (me, my dad, my wife, my elder brother and his wife) murdered my mom. As he belongs to police he make a gang with local political leader, clubs, commissioner to put us in jail. On 5th April we left our home to save our life and hide ourself. They hurt our stuffs and send them to hospital…… after few days they broke our shop, broke our house, stolen most of things from our house… Burn furniture… destroy our cars, bikes everything. People who worked with us they also hide their self….

 

 

After 10 days around 12th to 17th April, I heard a recoding on whatsapp “the lady servant who stayed at that night telling in front of local court judge that, “how we killed our mom” which has been recorded at the local court.

I am dam sure my mom’s brother who forced/threat her to lie at court they made a story, in one line, as per the recording “I pressed my mom neck and my wife was holding her legs”.

It has been 26days, I am hiding and roaming here and there”, our advocate said, “until and unless we slender we won’t get bail.

BUT we don’t want to go jail, we have to prove we are not murderer of my mom. Now I am trying to save my family….. I don’t know what will happen…how to prove?.... …

 my mom was suffering mental issue, we never took this seriously, we never thought even in dream she will do this. we thought if she get a break from "house work" and if she goes to some visiting place she will be fine.. I am 28 years old i got maried one year back, my dad was busy in making another home for spending retirment life with mom. BUT suddenly this is happened.

 

Is there any way to get bail instead of going to jail? if lie-detector test can save us then I am willing
to answer any question…if required my family will also do this. Please
please……. help us………………………………………………….

 
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Engineer

wow is this for real?

 
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ADVOCATE & LEGAL CONSULTANT

Have you tried anticipatory fail in the competent court / high court , if not try that in due consultation with your Advocate.

 
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Scientist/Engineer

In the narration that you have made the legal procedure that you should have followed was to immediately inform the police. The police will come to your house. Generally when a death occurs, whether suicide or otherwise, neighbours and relatives will come to the house. The police will record their statements such as the probable cause of suicide, what was the relationship between both of you husband  and wife and your mother, also other members of your household and your mother, whether there was any property dispute and any other things that the police may suspect. The police will send the body for post mortem. Filing of an FIR is mandatory. If the police have prima facie no suspicion against you, you will be allowed to take delivery of the body and cremate. As an FIR has been filed the police cannot close the file without investigation and satisfying themselves that it was a case of suicide and that it was not abetted by anybody. You are entitled to get a copy of the FIR if you ask for it. In due course if the case is closed you can also get a copy of the closure report. If the police refuse to give them you can get them through RTI.

If you had followed the above procedure your uncle could have done very little. The police would have called the lady immediately and taken her statement. Thereafter she would not have been able to change her statement. Whenever you know that you are innocent you should have been straightforward in your procedure. Please minutely narrate step by step what exactly you did  from the moment of your mother's death.

 
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Legal Adviser

Its better for you consulting your Lawyer & do accordingly, you should not forget that simply levelling charges is not enought to be proved, investigation is also to be done, charges would be framed further trial is to be run in between you may ask your lawyer for anticipatory bail.

Thankyou

 
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Scientist/Engineer

In which place did the death take place, in a city or in a village? Is a doctor's certificate giving cause of death mandatory in that place for cremation or burial of the body? Was any post-mortem conducted?

 
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