evidence of the defendant No. 5, who, according to the police report, gave the power connection to the premises of the said Lebu Debbarma negligently and without intimation to the defendant No. 1. Be that as it may, it is now as clear as daylight that the death of the deceased was caused by electrocution at the house of his cousin, Lebu Debbarma where the defendants admittedly installed the BPL Kit. Though it is not easily ascertainable as to whether the faulty power connection was given by the gangman of defendant No. 4, yet, at any rate, there was remote possibility of a third party giving the power connection. In any case, hardship has been caused to the plaintiff as the true cause of the accident is not known to him as the same is solely within the knowledge of the defendants who installed the BPL Kits at the house of the said Lebu Debbarma. In other words, this is a case where the plaintiff could prove the accident but could not prove how it happened to establish negligence on the part of the defendants. We are, therefore, of the considered view that this hardship can be avoided by applying the principle of res ipsa loquitur to the peculiar facts of this case. We said so because the probability that the electrocution in this case is due to the negligence of the defendants is materially greater than that is due to any other cause, and the circumstances contributing to the electrocution of the deceased were within the control of the defendants. The burden on the defendants to rebut the inference of negligence raised by the maxim res ipsa loquitor cannot be discharged by them merely by showing that the nearby line wherefrom connection was supposed to be given to the premises of the said Lebu Debbarma was a dead line having no power in circuit inasmuch as evidence was led by the appellants to the effect that the defendant No. 5 gave the power connection without the knowledge of the defendant No. 1 and 2. Under the circumstances, we hold that all the defendants are jointly and severally liable for the accident which took place on 20-7-2010 at the premises of the said Lebu Debbarma where BPL Kit and its accessories were installed, which resulted in the electrocution of the deceased and caused his death.
