The Bombay High Court on Friday admitted the appeal filed by Pravin Mahajan, who was awarded life sentence by sessions court last December for murdering his elder brother and senior BJP leader Pramod Mahajan in April 2006.
The argument on the appeal will start in due course before division bench of Justices S B Mhase and V K Tahilramani.
The thrust of the appeal is that Pramod was shot accidentally during a scuffle, and it was not a planned murder.
Pravin shot Pramod at the latter's residence in Worli, South Central Mumbai, on April 22, 2006. The sessions court convicted him for murder.
Pravin contends in the appeal that he went to meet his elder brother to talk about latter's secretary Vivek Moitra as he suspected that Moitra was "blackmailing" the senior BJP leader.
The appeal further says that when he realised that the discussion was pointless, Pravin decided to leave and picked up his pistol lying on a teapoy but Pramod misunderstood and tried to grab the weapon and shots were fired accidentally.
It also argues that testimonies of Pramod's wife Rekha and his brother-in-law and senior BJP leader Gopinath Munde were not reliable as they were "tutored" witnesses.