KIRPAL SINGH vs STATE OF U.P.

The Supreme Court held that under Section 207A of the Code of Criminal Procedure, 1898, a Magistrate has a duty to examine witnesses to the actual commission of an offence, particularly in serious cases like murder. The Court found that the Magistrate's failure to record evidence from such witnesses, without adequate justification, constitutes a dereliction of duty. The conviction of the appellant for murder was set aside due to this procedural lapse, emphasizing the importance of thorough examination in committal proceedings.