(1.) THE applicant who is an orthodox Hindu belonging to the regenerate class of Brahmins had taken his usual bath and was sitting on a stone in the midst of a stream offering his prayers. While he was performing his sandhya wandan and meditating on the object of his worship and reciting some prayer, the non-applicant, a low caste woman, passed through the stream at such close distance from that place that the surface of the water got naturally disturbed and some particles of water fell on his body. The contact of such water particles causes pollution and necessitates the taking of a fresh bath before the prayer can be completed. This necessarily causes a break in the continuity of the prayer which is a very essential element in all prayers as the belief prevails that the merit earned by the prayers offered is lost if there is a break in them. Such interference or break in one's prayer ought to upset not merely a hasty or hot-tempered person, but even any person of ordinary sense and calmness; and I dare say every person with a religious turn of mind would naturally resent it. There was besides an exchange of abuse and this provoked the accused a great deal. The trying Magistrates have after rejecting whatever exaggeration there was in the story told by the complainant, definitely found that the accused acted under provocation when he caught hold of the complainant's hand.
(2.) THE District Magistrate being of a different religion could not be expected to know much about the feelings and religious susceptibilities of an orthodox Hindu Brahmin, and he naturally failed to properly appreciate the force of the finding of the trying Magistrates that the accused acted under provocation. As he has in a somewhat sketchy judgment confirmed the findings of the trying Magistrates, I take it that he also held the provocation proved.
(3.) I therefore set aside the conviction and order the fine, if any, realized to be refunded to the applicant.