MUMBAI (Agencies) - In a fresh development in the 26/11 attack case, Ajmal Kasab on Tuesday filed an appeal in Mumbai High Court challenging death penalty awarded to him for killing 166 persons on November 26, 2008, reports Zee News. We have filed an appeal today, his lawyer Amin Solkar told PTI. Kasab has challenged death penalty, saying that it was a harsh punishment imposed on him and pleaded that there were lapses in evidence produced by police in the trial court. The appeal has challenged identification of Kasab in the court, saying that the eyewitnesses had easily identified him because his photograph had appeared prominently in newspapers and television on the day of attack. The appeal also challenged trial courts ruling which upheld Kasabs confession as true and voluntary, Kasabs lawyer said. The appeal would be heard by High court along with the matter pertaining to confirmation of death sentence awarded to him. The court has decided to hear both matters on a day-to-day basis from October 18 and allowed Kasab to appear through videoconferencing. AFP adds: Kasab assaulted prison officers earlier this month, Mumbai HC heard on Tuesday. The incident occurred on September 1 when Kasab was performing some illegal act and jail staff had to intervene, prosecutor Ujjwal Nikam told the Court, referring to Kasab. He assaulted prison officials. Kasabs defence team, which is preparing his appeal, has complained that lawyer-client confidentiality would be breached if they were not allowed to speak to him in private. A prison officer said in an affidavit that Kasab was guarded round-the-clock and watched by CCTV because of his dangerous nature and wild behaviour. A decision on whether to allow the lawyers to speak to Kasab within sight of security staff but not within earshot is expected on Wednesday, the Court was told.