Krishnan, J.

1. In this case, the accused was convicted, by the Sub-Divisional Magistrate of Mannargudi, under Sections 420 and 507, Indian Penal Code and sentenced to rigorous imprisonment for two years. On appeal, the Sessions Judge of West Tanjore came to the same findings of fact, but altered the conviction to one under Sections 385 and 508, Indian Penal Code, holding that Sections 420 and 507, Indian Penal Code, were not the proper sections, applicable on the facts; he also reduced the sentence to 21 months rigorous imprisonment. In revision it is argued that on the facts found, no offence has been committed, by the accused, under Sections 385 and 508, Indian Penal Code, as all the necessary ingredients of those offences are not made out; and that in any event the Sessions Judge was wrong in convicting the accused under these sections, as he had not been charged under thorn and that the proper order if any would have been one for a re-trial.

2. The facts found are that the accused sent two anonymous letters, Exs. A and B by post, to one Abdul Jaffer, a well-to-do Mahomedan of Koothanallar, son of one Natharkanni Rowther, recently deceased, purporting to come from the deity