1. Whether the order of the learned Magistrate discharging the respondents/ accused invoking the power under S.245 Cr.P.C. is correct? This is the short question arising for consideration in this revision.

2. The complainant's husband is facing indictment in a prosecution under S.302 I.P.C. The gist of the allegations against him in the said case is that he, along with others, trespassed into the residential building of a neighbour and caused the death of one Sabu. The complainant is the daughter of the uncle of the deceased. She had married out of her caste. The accused are all relatives of the deceased. The first accused is his brother, the second accused his mother, the third accused his brother-in-law and the 4th accused his sister. The incident in which Sabu met with his death occurred on the night of 11.7.1997. That incident was at about 10 p.m., according to the prosecution. The complainant's husband was taken into custody on the same night.

3. More than two months after the said incident, in which Sabu met with his death, the complainant filed a complaint before the Judicial First Class Magistrate Court, Palai. In the complaint she alleged that on that night at ab