On February 12, 2016, on the basis of the preliminary investigation of the criminal case initiated under part 1 of article 34-104 and part 1 of article 235 of the RA Criminal Code, it was confirmed that on February 9, 2016 around 19:00, near the car wash on Tbilisi Highway in D. H. quarreled with SM, during which he hit the latter. After the incident S.M. attempted to meet with D. H. to get an explanation for the slap. At about 10:00 pm, in search of D. H. with illegally acquired weapons in order to take S.M. away from life, at least six shots were fired in the direction of the car. As a result, S. M. received gunshot wounds.
On February 12, 2016, a criminal case has been initiated and a decision has been made to involve D.H. as an accused under paragraph 1 of Article 34-104 and Part 1 of Article 235 of the RA Criminal Code. On February 15, 2017 the criminal case was sent to the court of general jurisdiction of Tavush region with an indictment. On November 28, 2017, the court has found and declared the defendant D. H. innocent. In the case against the verdict of the court of first instance, the prosecutor and the deputy prosecutor general filed appeals, which have been taken into proceedings. In the prosecution's view, the verdict of the court of first instance was baseless and the reasons for it did not come from a sufficient combination of evidence obtained in the case. Having considered the complaint, the Court of Appeal recorded that the decision of the court of first instance was unreasonable. The perpetrator understood the nature of his action, the danger to the public, the desire to cause death to someone else, and the deadly outcome has not been achieved, since the driver immediately left the scene to avoid the danger.
The appellate court overturned and changed the sentence of the court of first instance. Recognizing D.H . guilty in accordance with p. 1 art. 34-104 and p. 1 art. 235 of the Criminal Code of the Republic of Armenia, the final punishment was imposed to the latter in the form of imprisonment for 9 years.
Note: Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by the RA Criminal Procedure Code and unless the verdict comes into legal force.
