JUDGMENT S.D. Khare, J. - This is an appeal from an order dated 29th March, 1963, passed by the learned Sessions Judge, Pilibhit, convicting Basdeo appellant under Sec. 302, I. P. C. and sentencing him to death. There is also the usual reference made by the learned Sessions Judge for confirmation of the sentence of death passed by him on Basdeo. 2. The prosecution case, briefly stated, is that Hardwari Singh deceased was the Sabhapati of village Abhaipur-Rudpur. He was a resident of village Jatpura, but he had a residential house in village Abhaipur-Rudpur also, the distance between the two villages being one mile only. On 24th July, 1962, at about 1-30 p.m. while Hardwari Singh and his son Pratap Singh, P.W. 2, along with two other residents of the village, namely, Hira Lal Lohar, P. W. 3, and Bechan Singh Thakur, P. W. 7, were sitting on cots inside the Chhappar of Hardwari Singh, Basdeo accused came there and remained sitting there for some time. He told Hardwari Singh that the latter was the Sabhapati of the village, that he had been doing pairvi for Asharfi, Ram Kishun and others in a murder case in which Basdeo also figured as an accused and that till that time he had not done any pairvi for Basdeo. He, therefore asked Hardwari Singh to appear as a witness in his defence. Hardwri Singh did not agree to give evidence in defence and went inside the house to bring some milk for the dogs. While he was bringing milk from inside the house and had reached at a distance of about one yard from Basdeo, the latter stood up from the cot all of a sudden, saying "I am bound to be convicted, but I would not leave you alive." He took out a pistol from the folds of his dhoti and fired at Hardwari Singh as a result of which he fell down on the ground. Basdeo ran away from there with the pistol in his hand. He was chased by Pratap Singh and others who happened to be there, but he could not be captured. When Pratap Singh returned to the place of occurrence he found that his father was lying dead. 3. The first information report of the occurrence was made by Pratap Singh at 4-10 p.m. the same day. He was chased by Pratap Singh and others who happened to be there, but he could not be captured. When Pratap Singh returned to the place of occurrence he found that his father was lying dead. 3. The first information report of the occurrence was made by Pratap Singh at 4-10 p.m. the same day. The distance from the place of occurrence to police station Puranpur, where the report was made, was about six miles. The names of Hira Lal Lohar, P.W. 3, and Bechan Singh Thakur, P. W. 7, were mentioned as eye-witnesses of the occurrence. 4. Sri C.P. Singh, P.W. 10, Station Officer, police station Puranpur, was not present at the time the first information report was lodged. Sri Haider Ali, P.W. 6, was at that time working as Second Officer, police station Puranpur, and was in charge of the police station in the absence of the Station Officer. He immediately proceeded to the place of occurrence, reaching there before lighting time. The Sub-Inspector found that the dead body of Hardwari Singh was lying on a cot beneath the shed. The deceased was at that time wearing banyain Ex. 5 and kurla Ex. 7. There was very little blood on these clothes. The Sub-Inspector did not find blood lying anywhere near the place of the occurrence. The inquest report was prepared and the dead body of Hardwari Singh was sent to Pilibhit for post-mortem examination. Dr. R.C. Pandey, P. W. 5, performed the post-mortem examination on the dead body on 25th July, 1962, at 2-15 p.m. In the opinion of the doctor the probable age of the deceased was about 50 years, and probable time since death was about one day. The body of the deceased was well-built. Rigor mortis had passed off from the upper extremities and was slightly present in the lower extremities. The following ante-mortem injuries were found on the dead body :- (1) Gunshot wound 1"X " X abdominal cavity deep situated on the left side of chest lower part 3" below and medial to left nipple. There was charring and tattooing of the surrounding skin. Margins were inverted. It was an entry wound. (2) One circular abraided contusion 4/10" in diameter, situated 1" above injury no. 1. (3) One circular abraided contusion 1/10" in diameter, situated " medial and below injury No. 2. There was charring and tattooing of the surrounding skin. Margins were inverted. It was an entry wound. (2) One circular abraided contusion 4/10" in diameter, situated 1" above injury no. 1. (3) One circular abraided contusion 1/10" in diameter, situated " medial and below injury No. 2. (4) Abrasion 1"X " on the left side of back, in the lower part. (5) Abrasion 1" X " over the front of right knee. (6) Abrasion 2" X " on the medial aspect of right leg, upper part. (7) Abrasion " X ?" on the front of left leg, upper part. (8) Abrasion " X " on the left leg, situated ?" below injury No. 7. 5. The internal examination revealed that there was a fracture of the sixth left costal cartilage; left pleura was lacerated and contained about two pounds of fluid and clotted blood; the heart was empty on both the sides; the peritoneum cavity contained about two pounds of fluid and clotted blood. There was a gunshot wound 1" X 1" cavity deep on the anterior wall of the stomach which contained six ounces of semi-digested food. There was a gunshot wound " X " X cavity deep in the region of the colon on the large intestines. There was a laceration " X " margin deep on the left side of the liver. Four pellots, Ex. 1, tikli, Ex. 2, and dat, Ex. 3, were taken out from the body of the deceased at the time of the post-mortem examination. Two of the pellets were recovered from the left plural cavity. The remaining two pellets were recovered from the left side of the back. Tikli, Ex. 2, and dat, Ex. 3, were taken out from the abdomen. In the opinion of the doctor death was caused due to gunshot wound on the chest and the gunshot injury received by Hardwari Singh was sufficient in the ordinary course of nature to cause death. The doctor was further of the opinion that injuries Nos. 2 and 3 could be caused by the impact of pellets while injuries Nos. 4 to 8 could be caused by a fall or by friction against some hard substance. The doctor could give no definite opinion regarding the coming out of the blood from the wound of entry. The doctor was further of the opinion that injuries Nos. 2 and 3 could be caused by the impact of pellets while injuries Nos. 4 to 8 could be caused by a fall or by friction against some hard substance. The doctor could give no definite opinion regarding the coming out of the blood from the wound of entry. He stated that it was probable that blood might have come out of the wound, and it was also probable that blood might not have come out of the wound. 6. The prosecution examined Pratap Singh, Hira Lal and Bechan Singh, P.Ws. 2, 3 and 7 respectively, the eye-witnesses of the occurrence. It also examined Jafar Khan, P. W. 8, and Prem Singh mason. P. W. 9, on the point that immediately after the occurrence they had seen Basdeo accused coming out of the gate of the house of Hardwari Singh with a pistol in his hand. It also relied the circumstance that the accused had remained absconding till 18th August, 1962, the date on which he surrendered himself in the court of the Additional District Magistrate (Judicial). 7. While explaining the circumstances appearing against him Basdeo accused did not dispute that he was an accused in the murder case of Massa Singh in which 27th July, 1962, was fixed for evidence. He, however, explained that he did not go to Hardwari Singh to ask him to appear as a witness in that case. His explanation was that he had been falsely implicated due to his enmity with the police. He further explained that Bechan Singh, P. W. 7, is related to Hardwari Singh, that Hira Lal and Jafar are the servants of the deceased and that Prem Singh, P. W. 9, was working as a mason for the deceased. No evidence was led in defence. 8. The learned Sessions Judge has, after considering the entire evidence on the record, arrived at the conclusion that the prosecution evidence was reliable. He, therefore, convicted and sentenced Basdeo appellant as aforesaid. 9. There can be no doubt that Hardwari Singh died as a result of gunshot injuries at about 1.30 p.m. on 24th July, 1962. In case the prosecution witnesses are to be believed the place of occurrence was the house of Hardwari Singh in village Abhaipur-Rudpur. He, therefore, convicted and sentenced Basdeo appellant as aforesaid. 9. There can be no doubt that Hardwari Singh died as a result of gunshot injuries at about 1.30 p.m. on 24th July, 1962. In case the prosecution witnesses are to be believed the place of occurrence was the house of Hardwari Singh in village Abhaipur-Rudpur. The main point for consideration in this appeal, therefore, is whether the prosecution evidence is reliable and was the appellant responsible for having caused the gunshot injuries to Hardwari Singh deceased. 10. The motive for the crime was not very strong. There does not appear to have been any enmity between Hardwari Singh on the one hand and Basdeo appellant on the other. Even according to the prosecution case, Basdeo had on the day of the occurrence gone to the house of Hardwari Singh deceased to enlist his support in a murder case pending against him. He had even asked him (Hardwari Singh) to appear as a defence witness in the case. The only motive for the crime, according to the prosecution case, was that Basdeo appellant became desperate at the refusal of Hardwari Singh to appear as a witness for him and under that impression that he was likely to be convicted in the murder case pending against him for lack of defence evidence he decided to put an end to the life of Hardwari Singh. The motive for murder was, therefore, weak. However, that by itself will not lead to any inference adverse to the prosecution. Murders are sometimes committed for very paltry reasons. Everything will, therefore, depend on the quality of evidence which the prosecution has been able to produce against the present appellant. 11. It is established from the prosecution evidence that the accused remained absconding till 18th August, 1962, when he surrendered himself in the court of the Additional District Magistrate (Judicial). That is no doubt a circumstance against the appellant. However, that by itself leads to nothing. Sometimes even those who are innocent abscond only due to fear. Everything will, therefore, depend on the reliability of the eyewitnesses of the occurrence. * * * 22. It has been argued by the learned counsel for the appellant that the prosecution witnesses should not be believed because the investigating officer did not find any blood at the place of occurrence. Everything will, therefore, depend on the reliability of the eyewitnesses of the occurrence. * * * 22. It has been argued by the learned counsel for the appellant that the prosecution witnesses should not be believed because the investigating officer did not find any blood at the place of occurrence. It is contended that had the murder of Hardwari Singh been committed in the manner and at the place alleged by the prosecution there was bound to have been profuse bleeding from the wound of entry and some blood should have fallen at the place of occurrence and also at the place where Hardwari Singh was found lying. However, it is clear from the statements made by the Sub-Inspector Haider Ali, P.W. 6, and the investigating officer, Sri C.P. Singh, P.W. 10, that there was no stain of blood at the place of occurrence and that there was no stain of blood anywhere between the door from which Hardwari Singh is alleged to have come out and the thatched shed where the accused and others were sitting. 23. It has further been contended that the nature of injuries received by Hardwari Singh did not fit in with the prosecution case and made it highly improbable. 24. In our opinion there is no force in this argument. The postmortem examination report as well as the statement made by Dr. R. C. Pandey, P. W. 5, clearly show that Hardwari Singh had received only eight injuries, out of which five (injuries Nos. 4 to 8) were abrasions, two (injuries Nos. 2 and 3) were circular abraided contusions, and one (injury No. 1) was the gunshot wound of entry. It is clear from the doctor's evidence that all the five abrasions (injuries Nos. 4 to 8) appearing on the left side back in the lower part, over the front of the right knee, on the medial aspect of the right leg upper part, on the front of left leg upper part, and on the left leg ?" below injury No. 7, could be the result of one single fall on the ground. Hardwari Singh is said to have fallen on the ground immediately after the occurrence and could have sustained all these injuries due to the fall. 25. It is in the prosecution evidence that Hardwari Singh was shot at from a very close range. Hardwari Singh is said to have fallen on the ground immediately after the occurrence and could have sustained all these injuries due to the fall. 25. It is in the prosecution evidence that Hardwari Singh was shot at from a very close range. That accounts for charring and tattooing around the wounds and also for the injury No. 1. The circular abrade contusions (injuries Nos. 2 and 3) could be the work of stray pellets which for one reason or the other had not sufficient force in them to enter the body and cause any further injury. The medical report cannot, therefore, be said to be against the prosecution version of the case. On the other hand it is quite consistent with it. 26. It has been contended on behalf of the appellant that the absence of blood at and near the place of occurrence fully establishes that the murder of Hardwari Singh had not taken place at the alleged place of occurrence. In our opinion this argument too is not at all sound. Dr. R. C. Pandey, P.W. 5, who performed the post-mortem examination, has clearly stated that it was probable that no blood might have come out of the injury No. I. It is clear from the post-mortem report and also from the statement of Dr. R. C. Pandey, Civil Surgeon, Pilibhit, P. W. 5, that two pounds of fluid and clotted blood was found in the left pleural and an equal quantity of fluid and clotted blood was found in the peritoneum cavity. Thus it will be seen that the internal bleeding accounted for at least four pounds of fluid and clotted blood. Once internal bleeding starts very little blood comes out of the wound outside the body, particularly if the wound is caused by gunfire and from a close range. 27. The opinion of the doctor that no blood might have come out of the gunshot wound is supported by the following observation made at page 491 in Taylor's Principles and Practice of Medical Jurisprudence, 9th Edition :- "If the muzzle of the weapon were in direct contact, the skin, besides being burnt, is torn and much lacerated. The bleeding is usually slight, and when it occurs it is more commonly observed from the orifice of exit than from that of entrance". 28. The bleeding is usually slight, and when it occurs it is more commonly observed from the orifice of exit than from that of entrance". 28. The medical evidence in the present case shows that there was charring and tattooing of the surrounding skin near injury No. I, which was the gunshot wound of entry. The charring and tattooing of surrounding skin clearly indicated that the firearm must have been used from a very close range. There was no wound of exit and the pellets were found lodged inside the body. 29. Internal hemorrhage may occur in penetrating and gunshot wounds (vide Modi's Medical Jurisprudence and Toxicology, 13th Ed. Page 238). The amount of haemorrhage required to cause syncope varies according to the circumstances. According to Modi, the loss of one-third blood of the body is almost enough to cause death, and the total quantity of blood in the body of an adult is on an average about 5 per cent of the body weight. According to the post-mortem examination report the deceased was about 50 years old with "fairly good built" body. Even if the weight of his body be assumed to be about 160 pounds, more than one-third of the blood of the body has been accounted for by internal bleeding. In the circumstances it is not at all strange that there was not much of external bleeding, that only the clothes covering the body received slight blood stains and that no blood fell at or near the place of occurrence. 30. We see no reason to discredit the sworn testimony of the eye-witness of the occurrence. In our opinion the prosecution has succeeded in establishing that the appellant had committed the offence of murder under Sec. 302, I. P. C. 31. The only point that remains to be considered is that of sentence. It is a case of cold-blooded murder, having been committed by a person already accused in a murder case, on the refusal of a respectable resident of his locality to appear as a defence witness for him. No extenuating circumstance is present. The proper sentence is the sentence of death, which has been awarded by the learned Sessions Judge. 32. It is a case of cold-blooded murder, having been committed by a person already accused in a murder case, on the refusal of a respectable resident of his locality to appear as a defence witness for him. No extenuating circumstance is present. The proper sentence is the sentence of death, which has been awarded by the learned Sessions Judge. 32. The appeal is dismissed, the reference made by the learned Sessions Judge is accepted, the sentence of death passed on the appellant is confirmed, and it is hereby directed that it be carried out according to law.