Worli Hit and Run: Victim's husband moves Bombay High Court to add murder charge against accused

In a significant development in the tragic Worli hit-and-run case, Pradeep Nakhawa, the husband of the deceased Kaveri Nakhawa, has filed a petition before the Bombay High Court seeking addition of murder charge under Section 103 of the Bhartiya Nyaya Sanhita (BNS) against the accused in the case..Currently, the two accused have been booked only for negligent driving and culpable homicide not amounting to murder. Nakhawa has called for the addition of murder charges against Mihir Shah, the 24-year-old son of Shiv Sena leader Rajesh Shah and his driver Rajrishi Bindawat, both of whom are currently under judicial custody.The petition was heard by a bench comprising Justice Revati Mohite Dere and Justice Neela Kedar Gokhale, which on Tuesday issued notice to the Worli police seeking their response to the plea..The case stems from a tragic incident on July 7, 2024 when Kaveri and her husband were struck by a speeding BMW car while travelling on their scooter. The impact of the collision threw both riders off the scooter. Kaveri became trapped under the car and was dragged for a significant distance before succumbing to her injuries..According to the chargesheet filed by the Worli police, the accused face various charges under BNS and the Motor Vehicles Act of 1988 including Sections 105 (culpable homicide not amounting to murder), 281(rash and negligent driving) 125(b) (act endangering life or personal safety of others) among others. The petitioner has taken objection to the omission of murder charge under Section 103 of BNS despite the brutal nature of the crime..In the petition filed through advocate Dileep Satale, Nakhawa has argued that Section 103 of the Bhartiya Nyaya Sanhita applies to grave crimes involving intentional acts of cruelty. "The accused's actions—dragging the victim despite her being visibly trapped under the vehicle—demonstrate deliberate and inhumane conduct, justifying the inclusion of this section," the petition states.As per the petitioner, the autopsy report also confirmed that Kaveri died due to shock and hemorrhage caused by multiple severe abrasions consistent with the dragging and collision. It further highlights that Mihir Shah, who was driving under the influence of alcohol, acted recklessly and caused Kaveri's death while Rajrishi Bindawat passively assisted him.The overwhelming evidence in the case including CCTV footage, witness statements and the vehicle's registration number support the heinous nature of the crime, it has been contended.Despite the overwhelming evidence, the investigating officer failed to invoke Section 103, which clearly applies to the brutal acts committed by the accused. ."This omission highlights negligence or bias in the investigation," the plea has alleged. The petition has also drawn attention to potential external interference, noting that Mihir Shah possesses significant financial and political influence which could affect the investigation.Hence, the petitioner has sought a direction from the court to the Worli police to file an additional chargesheet incorporating murder charge under Section 103 BNS.The Court will hear the petition next on January 21.