The materials of the case were taken from the State Register of Judicial Acts.
What happened?
On April 11, 2025, in one of the villages of the Alamedin district, a conflict arose between two relatives over a long-standing dispute regarding the division of a land plot. During the quarrel, the accused S. B. D. struck the victim M. Zh. several times on the head with a stone, after which he took a "TOZ-BM" shotgun of 16 caliber from his house, loaded it, and attempted to shoot (the weapon is not registered to him). He was unable to carry out his intent due to circumstances beyond his control — those present intervened.
The accused S. B. D. is a resident of one of the villages in the Alamedin district, a citizen of Kyrgyzstan, has a secondary education, is married, and has a prior criminal record.
A forensic medical examination established that the victim sustained minor bodily injuries, including a closed head injury and a concussion.
First Instance
Earlier, on July 31, 2025, the Alamedin District Court found the man guilty under Article 37-122 ("Attempted Murder") and Article 267 ("Illegal acquisition, sale, or carrying of cold weapons, including throwing weapons, gas weapons, smoothbore weapons, as well as weapons intended for firing traumatic cartridges") of the Criminal Code of the Kyrgyz Republic and sentenced him to 8 years of imprisonment in a high-security colony, as well as a fine of 50,000 soms.
Words of the Accused
At the court session of the first instance, the accused S. B. D. did not fully admit guilt regarding the charges and provided the following testimony. On April 11, 2025, at around 14:00, he was at home with two work colleagues. At that time, the son of his elder brother M. Zh. came in a state of intoxication, holding a gun. When asked why he was carrying a gun, he replied that he had been hunting pheasants. The accused then took the gun from him and placed it under the table where they were sitting. M. Zh. began to take the gun back and, without leaving, called his elder brothers. After that, his elder brothers S. A. and S. N. arrived with their wives, and a commotion began. S. A. rushed at the accused with a knife, and when S. N. struck the accused with a stone, the latter hit M. Zh., who was nearby, with a stone. The accused's colleagues separated them all. When the accused went into the house, the three brothers rushed in after him, holding knives and stones, and beat him.
Words of the Victim
At the court session of the first instance, the victim M. Zh. stated that on April 11, 2025, after lunch, he fed and tended to the livestock and went out to check the gravel. At that moment, the accused waved his hand and called him. A quarrel ensued between them, the accused insulted him with obscene words, but the victim did not respond. When he turned around and was about to leave, the accused picked up a stone from the ground and struck him once. The victim lost his balance and fell, after which the accused hit him several more times. While he was regaining his senses, his daughters-in-law approached and separated them. As they were leading the victim away, holding hands, the accused came out of the house with a gun and aimed it at the victim, but the latter pressed (lowered) the gun with his right hand. They then went together to the police station of Tash-Töbö in the Alamedin district. There, they wanted to file a complaint, but the duty officer did not accept it and told them to go home, stating that an investigative operational group would come to them. After that, they went to the GKNB unit located on Jibek-Jolu Street in Bishkek and filed a complaint there.
Appeal
In the appeal, two lawyers for S. B. D. insisted on reclassifying the charges and terminating the case due to reconciliation of the parties and compensation for damages.
At the appellate court session, the victim M. Zh. stated that he had reconciled with the accused, had no claims against him, that the material and moral damage had been fully compensated, and requested that no measures be applied to the accused.
Outcome
However, the judicial panel concluded that the accused's actions lacked a "hooligan motive," as the conflict was personal in nature and related to a land dispute. At the same time, the court noted that the crime was not completed, thus the actions of the accused should be classified as attempted murder.
As a result, the verdict was changed: 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") with a sentence of 8 years of imprisonment. The rest of the verdict, including the fine for illegal possession of weapons, was left unchanged. The appeal was dismissed.
- The parties have the right to appeal the decision in cassation to the Supreme Court of the Kyrgyz Republic.
