As a result of the session, the panel decided to leave the verdict of the first instance court unchanged.
- The case materials were taken from the State Register of Judicial Acts.
Previously, the Jayil District Court found citizen M. B. B. (Boris - name changed) guilty of committing murder with particular cruelty, sentencing him to 12 years of imprisonment in a general regime correctional colony. The term of punishment begins from the moment of detention — February 14, 2025.
How did it all happen?
On February 13, 2025, around 11:00 AM, while at home in one of the villages of the Jayil district, Boris was drinking alcoholic beverages. Stepping outside, he noticed his neighbor K. B. M. (Baimurat - name changed), who was near his shed. Suspecting that he was trying to steal his animals, Boris got into a verbal altercation with Baimurat, which soon escalated into a fight. During the conflict, Boris, intending to kill Baimurat, grabbed a metal frying pan and struck it against his opponent's head. After that, instead of stopping and providing assistance, he continued to hit Baimurat with the frying pan, even when Baimurat lost consciousness. As a result of the brutal actions, Boris broke the handle of the frying pan, and Baimurat died on the spot. Without feeling remorse and being under the influence of alcohol, Boris moved Baimurat's body to the summer kitchen and attempted to hide the traces of the crime by throwing the frying pan into the toilet pit and then changing his blood-stained clothes.
Boris's actions were classified by the investigation under paragraph 7 of part 2 of article 122 of the Criminal Code of the Kyrgyz Republic as "murder committed with particular cruelty."
Content of the appeal
In his appeal, Boris requested to overturn the verdict of the first instance court and impose a lighter punishment in the form of probation. He claimed that he had to defend himself against Baimurat, who, he alleged, attacked him with a log. Boris believes that the court did not take into account his state of emotional distress and that his actions were forced.
The defendant's words in court
During the first instance court session, Boris admitted his guilt and recounted that on February 13, 2025, around 12:00 PM, he heard someone approaching his house. Believing it was his brother, he went outside but saw footprints leading to the shed, where he found Baimurat. Boris asked what he was doing, and in response, he was struck. As a result, Boris grabbed the frying pan and hit Baimurat on the head. He confessed that, frightened, he continued to hit him even when he fell unconscious. After that, he moved Baimurat to the summer kitchen, believing he was still alive. He disposed of the murder weapon and then bought alcohol and drank. Later, he called his mother and informed her of what had happened, after which his mother advised him to contact the police. Boris emphasized that he did not intend to kill and regrets what he did.
Testimonies of the deceased's relatives and witnesses
Baimurat's sister K. R. M. stated that her brother was the only relative living with their mother K. K. in one of the villages of the Jayil district. The last time she saw him alive was on February 10, 2025. On February 13, she was informed of his death. Upon examining the body, she noticed that the left side of his face was severely damaged and requested that a strict sentence be imposed on the defendant.
Baimurat's mother K. K. also confirmed that on February 11, her son left for work and did not return. On February 13, she was informed of his murder.
The police inspector N. B. reported that on February 13, 2025, their department received a report of a murder. At the scene, he found the body of a man with signs of violent death and the accused Boris, who was in a state of intoxication. When asked about what happened, Boris confessed that he had killed a person.
The defendant's sister V. M. stated that on February 13, 2025, her mother informed her that Boris had confessed to the murder, after which she called the police.
- B. M. is a native of the Chui region, a citizen of Kyrgyzstan. He is not married, has a secondary education, is temporarily unemployed, and has no prior convictions, residing in the Jayil district.
In his appeal, the convicted person requested to mitigate the punishment, citing his state of emotional distress and the necessity of self-defense, and also petitioned for the application of probation. However, the appellate court of the Chui region concluded that Boris's guilt was confirmed by sufficient evidence, and the arguments regarding the state of emotional distress and the possibility of correction without isolation from society were not substantiated.
The judicial panel also noted the need to rectify the previously committed violation and added to the verdict the imposition of compulsory treatment for alcohol dependence, which Boris will undergo at the place of serving his sentence.
Thus, the appeal was left ungranted, and the court's verdict was confirmed with additions.
- The decision may be appealed in cassation to the Supreme Court of the Kyrgyz Republic.
