S.B. Shukre, J.

Issue notice to the respondent-State.

2. Shri S.J. Kadu, learned A.P.P. waives service of notice.

3. Heard. Admit. Heard finally by consent.

4. This revision has been preferred against the judgment and order dated 27/5/2016 delivered in Criminal Appeal No.56 of 2011 thereby dismissing the appeal and confirming the judgment and order passed in Summary Criminal Case No. 270 of 2009 by the Judicial Magistrate, First Class, Chandur Bazar, Amravati dated 21/10/2011.

5. By the judgment delivered on 21/10/2011, the learned Magistrate has convicted the revision-applicant of the offence punishable under Section 435 of the Indian Penal Code while acquitting him of the offences punishable under Sections 294 and 506 of the Indian Penal Code. The allegations made against the revision-applicant were to the effect that on 08/3/2009 at about 5.30 p.m., in the evening, when some persons were working in the field owned by Mohan Nerkar, the applicant, owner of the adjoining field, with a view to cause damage to the standing crops and fruiting trees of Mohan Nerkar, set on fire some dried material present on the dhura or the boundary between the two adjoining fields.

6. Upon consid