Indian Penal Code, 1860; Section 304A, 338 – Appellant – Accused Appellant facilitated trekking expedition through a tour agency namely ‘Tour de India Holiday’ in in Thindal, District Erode- trekkers died in the forest fire which engulfed the area of the expedition on the fateful day – persons who were part of the trekking expedition died owing to a forest fire which is an instance of vis major. No negligence could have been attributed to the appellant herein who only facilitated the organization of the trekking expedition – organizers as well as the appellant herein and even the members of the trekking expedition were totally unaware of the forest fire as such. Accidentally they were engulfed in the forest fire and they died by sheer accident and not owing to any negligence or any criminal intent attributable to the appellant herein. The appellant herein had no role whatsoever in causing the death of the trekkers who died due to a forest fire which is a natural cause -the invocation of Sections 304 A and 338 IPC as against the appellant herein was wholly unwarranted.