Dr. Arijit Pasayat, J. —Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Andhra Pradesh High Court upholding the conviction of appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentence of imprisonment for life and fine of Rs. 1,000/- with default stipulation in terms of the judgment of learned 4th Additional Sessions Judge, Nellore.

3. Background facts in a nutshell are as follows :

One Gali Krishnaiah (hereinafter referred to as the ‘deceased’) Gali Seethaiah and the appellant are brothers and the relation between them was strained. Prior to the incident, the appellant threatened the deceased that he would kill him. While so, on 13.09.1999, at about 8.30 a.m. the appellant with an intent to kill the deceased, armed with a knife, went to him, pulled him and stabbed on his left side of the chest and caused vital stab injury, besides causing another cut injury over middle of the left forearm. The knife pierced into the chest of the deceased and struck. When the sons of the deceased raised hue and cry, the appellant left the spot leaving the knife there itself. On the way to