Sureshwar Thakur, J.

The instant appeal stands directed by the appellant/convict against judgment recorded by the learned Sessions Judge, Mandi, H.P. in Sessions Trial No.4 of 2005 on 7.5.2007, whereby, he convicted the accused/appellant herein for his committing offences punishable under Sections 436 and 427 besides sentenced him to suffer imprisonment for the aforesaid offences as under:

Sections	Sentenced imposed
436 of the IPC	Accused stands sentenced to suffer rigorous imprisonment for five years with fine of Rs.10,000/-, in case of default in the payment of fine amount the accused shall further undergo imprisonment for one years.
427 of the IPC	Sentenced to suffer imprisonment for six months and to pay a fine of Rs.1,000/- and in default to undergo imprisonment for 1 month.

2. The facts relevant to decide the instant case are that on the intervening night of 13th and 14th October, 2003, complainant Narotam Ram was watching television at 10.45 p.m. in his house. Then he heard murmuring of persons