PANIGRAHI, J.

( 1 ) THE appellant, Ulla Mahapatra, is a boy of about twelve years of age. He has been convicted of an offence under Section 302, Penal Code for causing the death of a Dandasi boy named Ranka Naik and has been sentenced to transportation for life.

( 2 ) THE case for the prosecution is that on the afternoon of 20th April 1949, the appellant Ulla was getting palm fruits plucked from a tree standing on his land. Another boy named Khallia had been engaged to cut the fruits. The appellant was gathering the fruits from the ground and carrying them to his cow-shed in a basket and he was being assisted in this work by two other boys, Bhagawan and Prahlad, It is said that Khallia got down from the tree after cutting down all the fruits from it and was eating a fruit that had fallen on the ground. At that time the deceased boy, Ranka, arrived at the spot, on his way home after a bath, accompanied by another boy friend named Nakula of the village. Ranka picked up a fruit from the ground whereupon the appellant protested and demanded its price. Ranka thereafter threw the fruit and is said to have remarked that he would cut the appellant to pieces if ever he went to the Tope fo