S.M. SIKRI, J.

(1) IN this appeal special leave was limited to the question of sentence only.

(2) THE appellant was convicted by the learned Presidency Magistrate, 4th court, Girgaum, Bombay, for rash and negligent driving, and sentenced to eighteen months R. I. and a fine of Rs. 1,000.00 under S. 304-A, Indian penal code, in default R. I. for three months; three months R. I. and a fine of Rs. 250.00 under S. 337, Indian penal code, in default R. I. for six weeks, and three months R. I. and a fine of Rs. 500.00 under S. 117 of the Motor Vehicles Act, in default R. I. for three weeks. The substantive sentences were ordered to run concurrently. The High court, on appeal, upheld the conviction and sentences passed by the learned Presidency Magistrate.

(3) THE High court found that the appellant was drunk on that night and he was driving the car rashly and negligently at an excessively high speed.

(4) THE learned counsel contends that the heavy sentence has been imposed on the appellant because he was found to have been drunk on that night. He says that Dr. Kulkarni, who examined the appellant, based bis conclusion merely on the facts that the appellants bre