Appearing for Vishal before the bench of justices Gita Mittal and J R Midha, senior advocate Ram Jethmalani contended that the way the trial was conducted by the sessions court was not in accordance with the law and the accused persons deserved either "acquittal or re-trial" of the case.
"We are very much willing for the re-trial," Jaithmalani told the bench while commencing his final argument on the convict's appeal.
The noted lawyer alleged that the prosecution as well as the trial court judge did not follow the proper procedure during the trial.
"This conviction does not sustain because the proceedings before the trial judge cannot be called as trial in accordance with the procedure prescribed by law," Jethmalani said.
"The trial court ignored the fact that the witnesses were not examined by the prosecution properly," he further alleged.
The court was hearing appeals of Vishal and Vikas Yadav, son of former MP D P Yadav, and hired killer Sukhdev Pehalwan, who are serving life term in Tihar.
Earlier, the counsel for Vikas had completed his final arguments on the appeal.
Yadavs were convicted in 2008 by the trial court for kidnapping and later murdering Nitish Katara, son of an IAS officer, as they were against his affair with their sister Bharati Yadav.
The duo had killed Katara on the night of February 17, 2002, after abducting him from a marriage party in Uttar Pradesh's Ghaziabad.
New Delhi: Vishal Yadav, undergoing life term along with cousin Vikas for killing MBA graduate Nitish Katara in 2002, today asked the Delhi High Court to order "re-trial" of the case.
First Published: Wednesday, July 04, 2012, 21:20