Data for the case was obtained from the State Register of Judicial Acts.
Essence of the Incident
On April 11, 2025, an incident occurred between two relatives in one of the villages of the Alamudun district, rooted in a long-standing dispute over the division of a land plot. During the conflict, the accused S. B. D. struck the victim M. Zh. several times on the head with a stone, and then, using a TOZ-BM 16 caliber shotgun (which was not registered in his name), attempted to shoot. However, he was unable to carry out his intention as other people present intervened.
The accused S. B. D. resides in one of the villages of the Alamudun district, is a citizen of Kyrgyzstan, has a secondary education, is married, and has a prior criminal record.
According to the conclusion of the forensic medical examination, the victim sustained minor bodily injuries, including a closed head injury and a concussion.
First Instance Decision
On July 31, 2025, the Alamudun District Court found the accused guilty under Articles 37-122 ("Attempted Murder") and 267 ("Illegal Acquisition, Sale, or Possession of Cold, Gas, or Smoothbore Weapons") of the Criminal Code of the Kyrgyz Republic. He was sentenced to 8 years of imprisonment in a strict regime colony and fined 50,000 soms.
Testimony of the Accused
At the first instance court hearing, S. B. D. did not fully admit his guilt and provided his testimony. He stated that on April 11, 2025, around 2:00 PM, he was at home with two colleagues. At that moment, his nephew M. Zh. came to them in a state of intoxication and with a gun. When asked why he had the gun, he replied that he intended to shoot pheasants. The accused took the gun and placed it under the table. M. Zh. tried to retrieve the gun and called his brothers. Soon, his brothers S. A. and S. N. arrived with their wives, and a scuffle ensued. S. A. attacked the accused with a knife, while S. N. threw a stone at him, to which the accused responded by hitting M. Zh. with a stone. The colleagues intervened to separate them. After that, when the accused returned to the house, the three brothers burst in with knives and stones and attacked him.
Testimony of the Victim
At the first instance court hearing, the victim M. Zh. stated that on April 11, 2025, after lunch, he finished feeding the livestock and left the house. At that moment, the accused called him, and a quarrel arose between them during which the accused insulted him. The victim did not respond, and when he turned away, the accused hit him with a stone, after which the victim fell and received several blows. When the victim was being taken away, the accused came out with a gun and pointed it at M. Zh., but he managed to hold onto the gun. They then went to the Tash-Töbö police station in the Alamudun district to file a complaint, but the duty officer advised them to return home, saying that an investigative group would come to them. Ultimately, they turned to the GKNB and filed a complaint there.
Appeal Review
At the appeal, the lawyers of S. B. D. requested to change the qualification of the charges and terminate the case due to reconciliation of the parties and compensation for damages.
At the appellate court hearing, the victim M. Zh. stated that he had reconciled with the accused, had no claims against him, the damages had been fully compensated, and he requested that no measures be applied to the accused.
Court Decision
Nevertheless, the appellate court concluded that there was no "hooligan motive" in the actions of the accused, as the conflict was personal and related to a land dispute. At the same time, the court noted that the crime was not completed, therefore the actions of the defendant were qualified as attempted murder. As a result, the verdict was amended: the man was found guilty under Article 37 part 1 and Article 122 part 1 of the Criminal Code of the Kyrgyz Republic ("Attempted Murder") and sentenced to 8 years of imprisonment. The rest of the verdict, including the fine for illegal possession of weapons, remained unchanged. The appeal was not granted.
- The parties have the right to appeal the decision in cassation to the Supreme Court of the Kyrgyz Republic.
