1. With the consent of the parties, the matter is heard finally at motion stage.

2. The revision has been preferred by the applicant under Section 397/401 of Code of Criminal Procedure against the order dated 24.9.2009 passed by Sessions Judge, Behind in Sessions Trial No. 193 of 2009 by which, charges under section 304 Indian Penal Code and in alternate under section 302 of Indian Penal Code has been framed against him.

3. It is alleged that on the date of incidence, applicant was cleaning his licence revolver and at-randomly, trigger was pressed and one bullet hit his Grand Daughter Vaishnavi who was sitting there, as a result, she died.

4. It is contended by learned counsel for the applicant that no case under section 304 Part II or 302 of Indian Penal Code is made out against present applicant. It is further contended that as per First Information Report and statements of prosecution witnesses recorded under section 161 Cr.P.C. on that day, present applicant was cleaning his licencee revolver and inadvertently trigger was pressed and one bullet hit his Grand daughter which resulted in her death. So it is apparent that incident occurred all of a sudden only due to negl