JUDGMENT :- This appeal has been preferred by the Public Prosecutor against the order of acquittal of the respondent by the Sessions Judge, Madurai, in C. A. No. 103 of 1965 by his judgment dated 18-2-1966, setting aside the conviction and sentence imposed by the Special Additional First Class Magistrate, Madurai, in C. C. No. 1 of 1964 under Sections 304-A, 337, 338 and 290, I. P. C.

2. The prosecution case is briefly this: The respondent Pitchiah Moopanar was the Manager and correspondent of the Saraswathi Higher Elementary School, Maninagaram Second Street, Madurai. At about 12 noon on 4-4-1964, a portion of the building collapsed while classes were being held in the school resulting in the death of 35 girl students and a middle aged woman. Further, 16 students sustained grievous injuries and 142 students sustained simple injuries. A cow and two calves died, and one cow was injured. The Collector of Madurai directed P. W. 215 Sri. Jayapalan, Executive Engineer, to inspect the building and submit a report as to the cause for the collapse of the building. An enquiry was also held by the Revenue Divisional Officer, Madurai. Certain broken pieces of brick masonry constructio