Ali, born in 2004 in the Sabirabad region, injured his acquaintance Khayal during a dispute arising from personal relationships.
According to information obtained by Demokrat.az, Ali demanded repayment of debts from people who bought goods on loan at his family’s daily necessities store located on I. Isgandarov Street in the city of Sabirabad. He called Khayal many times in early July 2022 and asked him to pay the debt.
However, though Khayal promised to pay the debt each time, he did not pay it. On 3 July, Ali called him again and asked him to pay the debt. However, seeing that Khayal had no intention of paying the debt, Ali went in front of Khayal’s father’s furniture shop at around 1:00 pm on 4 July to meet him and ask him to pay the debt again. A dispute arose between them. During the dispute, Ali Khayala was injured.
The perpetrator of the incident, Ali, was charged under Article 126.1 of the Criminal Code (deliberately causing serious harm to health).
Ali, who testified as a defendant in the criminal case, pleaded not guilty to the charges brought against him. He said that his family owns a daily necessities store located on I. Isgandarov Street in the city of Sabirabad: “My friend Khayal bought 16 manats worth of borrowed goods from the store and did not pay the debt. I called the people who bought borrowed goods from the store, including Khayal, and asked them to pay the debt. He said he would pay within a week, but he did not give it to Khayal for the last time on July 3, 2022. He told me that he would not pay the debt on July 4, I left the store and went to his father’s furniture salon.
The accused said that he saw Khayal, his brother Royal, Zahid, who worked in the salon, and three or four other workers loading furniture into the car in front of the furniture shop. Khayal said that he would not pay and cursed me. That time, Khayal’s brother Zahid and three or four other workers came there. Three or four people attacked me and started beating and kicking me. I leaned my back against the wall and they held my face with their hands and arms. hitting me. Khayal is alive. I punched him in the eye area. At that time, Zahid grabbed my back, arm and hair, and I was hit in the face. Because I screamed, five or six people who were in a tea house about 10 or 15 meters away also came to us. Vugar, who runs the tea house, also came and separated us. Vugar called me and I went to the tea house and washed my hands. Khayal’s brother Royal came to the tea house and called me. Royal said that he did not want to fight with me anymore, that he wanted to talk. That’s why I went with Royal to the furniture salon. Royal asked me the reason for our fight with Khayal. He said that I asked Khayal for my debt and Khayal insulted me and hit me. I also listened to Royal’s recording of the dream on the phone. Royal came in the evening and said that his brother would return the debt to him, we said goodbye and left. Khayal’s father Subhan called me as I was walking with Huseyn towards the pedestrian houses. I stopped and approached Subhan. Subhan took me by the arm and led me to the furniture salon. After entering the salon, Subhan said to me, “Do you know who we are?” and slapped me. My eyes darkened from the impact of the slap. And I did not respond to Subhan like an old man. Subhan cursed me and threatened me with inappropriate words. Then I ran out into the street. Going to my own shop, I told my grandmother and father what had happened. My grandmother and uncle went to Mahir furniture shop to clarify why I was being beaten. I put ice on my face and then my father and I went to the police station and lodged a complaint. Then I found out that Subhan was also complaining about me. I defended myself, I had no other way out.”
According to Khayal, who testified as a victim in the case, she lives with her parents in the city of Sabirabad: “About 15 or 20 days before the incident, Ali asked me to borrow 15 manats and a day later he said that I returned the money, although 10 or 12 days passed, Ali told me that I went to the store where Ali worked several times and asked him to pay for the drinks. Ali told me that he had taken 29 manats and 40 kopecks in total, and after deducting the debt of 15 manats, he owed 14 manats and 40 kopecks, I agreed.”
Khyal noted that on July 3, 2022, at around 11 pm, Ali called him and said that he wanted to meet: “However, I said that I have guests and that we can meet later. On July 4, around 1-2 pm, I stood in front of my father’s furniture store and asked the customer who was helping the workers assemble the furniture. At that time, I approached Ali, about 7 or 8 meters away, and told him that I would pay the debt. 8. Ali hit me two or three times in the area of my right eye. I felt dizzy and fell to the ground. When I was on the ground, I saw Zahid, Rahim and my brother Röyal, who were working in the nearby store, came towards us and separated us, they lifted me off the ground. I don’t remember what happened next. I had surgery for the bones in my face. Neither I nor the people who were there hit me. ”.
This criminal case was heard at Lankaran Serious Crimes Court. According to the court’s verdict, Ali was found guilty of committing the offence under Article 126.1 of the Criminal Code. Pursuant to Article 62 of the Criminal Code, he was sentenced to restriction of liberty for 1 year and 6 months.
According to the judgment, in accordance with Article 69.3 of the Criminal Code, he was detained in prison and under house arrest from December 6, 2022 to April 6, 2023, with one day of the 4 months he spent under house arrest being calculated as two days of the period of the sentence of restriction of liberty for a period of 8 months was replaced by the sentence, minus the prescribed sentence, the sentence of restriction of liberty for 10 months was maintained.
During the prescribed period of the sentence, the accused shall not leave his place of residence from 22:00 to 07:00 of the next day, shall not wear an electronic tracking device and serve to keep it in working order, shall not leave the boundaries of the administrative territory of Sabirabad district, the relevant court shall not change the place of residence without a decision, as well as inform the body supervising the execution of the sentence in advance about the change of place of work, not organize masses and other events and not participate in such events. In these events, the beginning of the sentence is counted from the moment of his registration with the body executing the sentence. The execution of the sentence imposed on him was entrusted to the Department of Execution and Parole of the Sabirabad district.
