The court of first instance found him guilty of attempted murder and sentenced him to 12 years in prison. An amnesty was applied to the defendant, reducing the sentence to 9 years. The Jalal-Abad Regional Court excluded the application of amnesty from the sentence.
According to the case materials published in the State Register of Judicial Acts, Berdaly [name changed D.B.A.] threatened to burn his ex-wife Aina Gul (name changed A.K.) near multi-story residential buildings in one of the cities of the Jalal-Abad region. He took 2 liters of fuel from his car and poured it on the victim. After that, continuing to argue and engage in hooligan actions, he was detained by police officers.
At the court hearing, the accused Berdaly did not fully admit his guilt and explained the following. According to him, he was married to Aina Gul and lived with her until 2022, after which they divorced. They have four children together — two daughters and two sons.
On the day of the incident, the accused was driving his car. Seeing Aina Gul talking on the phone, he approached her, snatched the phone from her hands, and returned to the car. The victim followed him, got into the car, and demanded the phone back. The accused refused, stating that he had bought the phone himself. The victim refused to leave the car. Berdaly began driving towards one of the suburban villages, but because Aina Gul was interfering with his driving, he stopped near the multi-story buildings and said: “Don’t use the children as leverage in our relationship. Don’t tell them that I’m dead, teach them to call me ‘father.’” To this, Aina Gul replied: “To me, you are already dead.” Then the accused said: “If I am dead to you, then I will die right here next to you,” and took a plastic bottle with liquid from the car, starting to douse himself. Some of the liquid also splashed onto Aina Gul.
Berdaly also explained that he allegedly said “I will end my life” and pretended to look for a lighter to scare his ex-wife. Later, police officers arrived at the scene.
The accused noted that Aina Gul had “changed” and asked the court to impose a lighter sentence on him.
The victim Aina Gul stated in court that she divorced her husband due to his aggressive behavior. Despite the official divorce, the accused continued to apply violence against her.
On the day of the incident, she went to the market for necessary items. At that time, she was talking on the phone with her mother when the accused approached her, snatched the phone, and a conflict ensued between them. Berdaly drove her at high speed in the car and stopped near the multi-story buildings. He took fuel from the car, first dousing the victim, then himself, and said: “Here we will both die,” after which he began looking for matches. The victim started calling for help from nearby people. After some time, police officers arrived.
Aina Gul also indicated that the accused had previously sent her threatening messages on the phone, in which he said: “I will kill you. At our next meeting, I won’t give you a single chance.” In this regard, she asked the court to impose a strict sentence on the accused.
By the decision of the Tash-Kumyr City Court dated January 20, 2025, Berdaly was found guilty under Articles 37, paragraph 5 of part 2 of Article 122 of the Criminal Code and sentenced to 12 years of imprisonment. Based on paragraph 2 of part 1 of Article 3 of the law “On Amnesty in Connection with the 30th Anniversary of the Adoption of the Constitution and the 75th Anniversary of the Universal Declaration of Human Rights,” the imposed sentence of imprisonment was reduced by one quarter, leaving 9 years of imprisonment to be served.
The measure of restraint for the man remained unchanged — detention, with the serving of the sentence in correctional institutions of general regime. The term of serving the sentence is calculated from January 20, 2025.
By the ruling of the Judicial Board for Criminal Cases and Offenses of the Jalal-Abad Regional Court dated July 21, 2025, the sentence of the Tash-Kumyr City Court dated January 20, 2025, regarding Berdaly was changed.
The application of the law of January 25, 2024, “On Amnesty in Connection with the 30th Anniversary of the Adoption of the Constitution and the 75th Anniversary of the Universal Declaration of Human Rights,” specifically paragraph 2 of part 1 of Article 3, was excluded from the operative part of the sentence.
The term of serving the sentence was ordered to be calculated from October 18, 2023. The other provisions of the sentence remained unchanged.
At the court hearing in the Jalal-Abad Regional Court, the defense supported the appeal and requested to change the sentence of the Tash-Kumyr City Court, imposing a punishment on Berdaly that was not related to imprisonment.
As a result of the review, the appeal was left unsatisfied, and the sentence of the Tash-Kumyr City Court regarding Berdaly was left unchanged.
The Judicial Board of the Jalal-Abad Regional Court decided to satisfy the appeal of the state prosecutor I. Abdullayev.
The appeals of the accused and his lawyer were left unsatisfied, and the appeal of the victim was partially satisfied.
Thus, by the decision of the Supreme Court dated November 12, 2025, the sentence of the Judicial Board for Criminal Cases and Offenses of the Jalal-Abad Regional Court dated July 21, 2025, regarding D.B.A. is subject to change.
D.B.A. under part 1 of Article 37 (“Attempt”), paragraph 5 of part 2 of Article 122 (“Murder committed from hooligan motives”) of the Criminal Code, with the application of Article 75 (“Imposition of punishment for preparation for a crime and attempted crime”) of this code, is sentenced to imprisonment for a term of 11 years and 3 months. The other provisions of the judicial act are left unchanged.
The Supreme Court decided to satisfy the cassation appeal of the prosecutor of the Jalal-Abad Regional Prosecutor's Office Smanaliev.
The ruling is final and not subject to appeal.
